Gita Mittal, J.

1. These three appeals have been filed by the appellants assailing the judgment dated 28th May, 2010 arising out of the same incident whereby Yad Ram and Babloo (Appellants in Cril.App.900/2010) have been found guilty of commission of offences punishable under Section 302/34 of the Indian Penal Code while they have been acquitted of the charge of commission of offences punishable under Section 307/34 with which also they had been charged as well as the order of sentence dated 31st of May, 2010 whereby they have been sentenced to suffer imprisonment for life as well as payment of fine of Rs.5000/- each and in default of payment of fine, to suffer simple imprisonment for a period of six months each.

2. Sanjeev @ Sonu and Birender @ Boya (appellant in Crl.App.897/2010) also assail the judgment dated 28th of May, 2010 whereby they have been found guilty of commission of offences punishable under Section 307/34 of the Indian Penal Code as well as the order of sentence dated 31st of May, 2010 whereby they have been sentenced to undergo rigorous imprisonment for a period of four years each for commission of the offence punishable under Section 307/34 IPC as well as payment of fine of Rs.2000/- each; in default of which they are required to undergo simple imprisonment for a period of six months each.

3. Rajiv @ Raju appellant in Crl.Appeal No.487/2012 was also arraigned for trial along with the other co-accused. He was admitted on bail on 24th May, 2005. However, he absconded thereafter when the trial was at the stage of recording his statement under Section 313 of the Cr.P.C. He was subsequently declared as a proclaimed offender by the trial court by an order dated 22nd December, 2008.

4. The trial was completed against accused Yad Ram, Babloo, Sanjeev @ Sonu, Birender @ Boya and Manju wife of Yad Ram. After considering the evidence and hearing the contentions of the parties, the trial court by order dated 28th May, 2010 convicted Yad Ram and Babloo under Section 302/34 IPC and acquitted them for commission of offences under Section 307/34 IPC. Virender @ Boya and Sanjeev @ Sonu though convicted under Section 307/34 IPC stand acquitted for offences under Section 302/34 IPC. Co-accused Manju (who is the wife of Yad Ram and sister of the other appellants) stood acquitted for all the charges for which she was tried.

5. During the course of hearing of these appeals, the factum of abscondance of Rajiv @ Raju was brought to the notice of this Court. An order was consequently passed by this court on 12th January, 2012, directing Sh. Hari Chand (who had stood surety for Rajiv @ Raju) and was present in the court was directed to ascertain the whereabouts of Rajiv @ Raju. The surety was also directed to produce Rajiv @ Raju. Pursuant to the order passed on 12th January, 2013, Rajiv @ Raju was rearrested on 25th February, 2013. He was thereafter produced before this court and by an order dated 28th February, 2012 directed to be produced before the concerned trial court on 2nd March, 2012.

6. After production before the trial court, Rajiv @ Raju stood trial from the stage of recording of his statement under Section 313 of the Cr.P.C. at which stage he had absconded. The charge was also amended under Section 302/34 and 307/34 IPC by the trial court on 3rd March, 2012. The trial court considered the evidence on record and heard the arguments of the learned counsel appearing for Rajiv @ Raju. By a judgment dated 27th March, 2012, the trial court held Rajiv @ Raju not guilty for offences under Section 302/34 and 307/34 IPC and acquitted him for the same. However, the trial court held him guilty for commission of an offence under Section 324/34 IPC by the same judgment and Rajiv @ Raju was awarded a sentence for rigorous imprisonment of two years and fine of Rs.1,000/- and in default of payment of fine, simple imprisonment of one month by order of sentence dated 29th March, 2012. Rajiv @ Raju assailed the judgment dated 27t