This appeal is filed under Section 374, Cr.P.C. challenging the judgment of conviction and sentence passed in S.C.222/09 which was pending on the file of III Additional Sessions Judge, Kalaburagi. During the pendency of this appeal, the 3rd appellant died and hence the appeal against him has abated.

2. These appellants were charges earlier for the offences punishable under Sections 323, 324, 341, 504, 302 read with 34 of IPC. Ultimately all of them have been found guilty of the offences punishable under Sections 323 and 304I read with Section 34, I.P.C. and have been sentenced to undergo RI for a period of 7 years each and to pay a fine of Rs.10,000/- each for the offence punishable under Section 304I, I.P.C. and to undergo SI for a period of 2 months each and to pay a fine of Rs.1,000/each for the offence punishable under Section 323, I.P.C. It is this judgment of conviction and sentence dated 3.8.2010 which is called in question in this appeal on various grounds as set out in the appeal memo.

3. Facts leading to the trial in S.C.222/09 are as follows:

a) CW1, Shabir Ahmed who is examined as PW3 was residing in the quarters of Alstom Colony in Shahbad, Kalaburagi Distri