Honble SHARMA, J.–Dalveer Singh, Vijay Singh and Arjun, the appellants herein, along with Mukesh were put to trial before learned Additional Sessions Judge (Fast Track) No.1 Bharatpur, who vide judgment dated June 5, 2002 convicted and sentenced the appellants as under:-

Dalveer Singh, Vijay Singh and Arjun:

U/s.302 IPC:

Each to suffer imprisonment for life and fine of Rs.1000/-, in default to further suffer simple imprisonment for two months.

U/s.394 IPC:

Each to suffer imprisonment for seven years and fine of Rs.500/-, in default to further suffer simple imprisonment for one month.

The substantive sentences were ordered to run concurrently.

(2). It is the prosecution case that informant Lal Singh (Pw.1) on August 3, 1999 submitted a written report at Police Station Udhyog Nagar, Bharatpur stating therein that on July 30, 1999 his driver Mohkam Singh proceeded to Mathura Mandi on Tractor No. RJ- 5/R6404 around 3 PM for selling 62 bags of mustard and 9 bags of grain. When Lal Singh reached Mathura Mandi in the morning of July 31, 1999 he came to know that Mohakam did not reach there. Lal Singh then went to the village of Mohakam but Mohakam did not reach his village too. Since Moha

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