Judgment

Arijit Pasayat, J.—In these three ­appeals the factual matrix relates to the same incident and the judgment impugned being the same they are heard together and disposed of by this common judgment.

2. Appellant-Munna (in Crl.A. 45/2002) faced trial for alleged commis­sion of offence punishable under Section 302, appellant-Balak Dass (in Crl.A.No. 46/2002) under Section 302 read with Section 34, Section 302 read with Section 120B and Section 302 read with Section 114, and appellant-Damodar (in Crl.A.No. 1190/2001) under Section 302 read with Section 34, and Section 302 read with Section 120B of the Indian Penal Code, 1860 (in short the ‘IPC’). Accused appellant-Munna was found guilty of offence punishable under Section 302, 302 read with Section 120B while other two appellants Damodar and Balak Dass (A-4 and A-2 respectively) were found guilty of offence punishable under Section 302 read with Section 120B. Appellant-Balak Dass was additionally found guilty of offence punishable under Section 302 read with Section 34 IPC. One Jagdish who also faced trial, was convicted and sentenced. Though he had preferred an appeal before the High Court, but the same was held to have abated