JUDGMENT

L.C. Bhadoo, J.—Criminal Appeal No. 555/2001 filed by Dhanya Kumar Jain and Sonal Kumar Jain @ Sonu Jain, Criminal Appeal No. 689/2001 filed by Majeed Mirja and Criminal Appeal No. 737/2001 filed by P. Santosh are being disposed of by this common judgment as all these three appeals are arising out of one Sessions Trial No. 354/1999 before the Court of Second Additional Sessions Judge, Raipur.

2. By these appeals under Section 374(2) of the Cr.P.C., accused/appellants have questioned the legality and correctness of the judgment of conviction and order of sentence dated 19.6.2001 passed by the Second Additional Sessions Judge, Raipur, in Sessions Trial No. 354/1999 whereby and whereunder they have been convicted and sentenced as under:

3. The admitted facts are that deceased Manoj Jain was the real brother of accused/appellant Dhanya Kumar Jain and uncle of accused/appellant Sonal Kumar Jain @ Sonu Jain whereas deceased Pavi Jain was son of deceased Manoj Jain and injured eyewitness Archana Jain is wife of deceased Manoj Jain.

4. Case of the prosecution, in brief, is that around the year 1994, oral partition was effected between brothers i.e. accused/appellant Dhanya Kumar J