- (1.)Vide this common judgment, I shall dispose off three criminal appeals bearing Crl. A.Nos. Crl. A.1540/2013, Crl. A.1617/2013 and 1071/14, filed by Kanhaiya, Dalip @ Babban and Sanjay Kumar @ Anu respectively, challenging the common judgment dated 21.10.2013 and order on sentence dated 31.0.2013 whereby they had been convicted u/s 304 IPC and sentenced to undergo R.I for 5 years and also directed to pay fine of Rs.10,000/- each in Sessions Case No.12/2013 arising out of FIR No.181/2010 u/s 302 /34 IPC, P.S. Naraina.
(2.)Prosecution case succinctly stated is as under:-
On 26.12.2010, Aslam, son of Mohsir had gone to the rehri of PW6 Mamta where she used to sell eggs. The accused persons also came to the rehri. Aslam was hearing songs on his mobile which was objected by the accused persons on which quarrel took place. Kanhaiya caught hold of Aslam while Dalip gave him fist blows and Sanjay hit him with a danda on his head. On alarm being raised by Kesh Mohd. all the three accused escaped along with danda. Aslam fell down. He was bleeding profusely from his nose, ear and mouth. Kesh Mohd removed him initially to Behl hospital from where he was directed to be taken to DDU hospital, as such he was removed to DDU hospital. PW11 Asrar Ahmad informed PCR from his mobile on which DD.No.29A, Ex. PW13/A was recorded. On receipt of information PW16 ASI Vijay Pal along with PW8 Ct.Mahipal reached the spot where neither the injured nor the assailants were found. Blood was found on the ground in front of shop no.Z-238. Thereafter on receiving DD.No.31A containing information that injured Aslam had been admitted in DDU hospital, he along with Ct. Pankaj reached DDU hospital where Aslam was found admitted in injured condition along with one of his relatives, namely Kesh Mohd. He recorded his statement Ex.PW3/A and got the case registered u/s 308 IPC. He returned back to the spot and lifted the blood sample, earth control and blood stained earth. Complainant Kesh Mohd. handed over his blood stained pant which was also seized. At the instance of the complainant, rough site plan was prepared. On 27.12.2010, information was received about death of Aslam in the hospital and, therefore, the investigation was taken over by SHO himself. On 28.12.2010, post mortem was got conducted on the dead body of the deceased.

(3.)It is further the case of prosecution that on 30.12.2012, on the basis of secret information, accused Dalip and Sanjay were arrested. Accused Sanjay made a disclosure statement Ex. PW 15/D and got the danda recovered. Accused Kanhaiya was arrested on 31.12.2010. During the course of investigation, the weapon of offence was produced before the Doctor and he gave his subsequent opinion that the injuries on the person of deceased were possible by the weapon of offence shown to him. After completing investigation, charge sheet was submitted against the accused persons for offence u/s 302/34 IPC. Charge for offence u/s 302/34 IPC was framed against the accused, to which they pleaded not guilty and claimed trial.