ORDER :

Shree Chandrashekhar, J.

Two persons, namely, Sawana Nagesia and Bandhanu Nagesia were named as accused by the informant in his fardbeyan, which was recorded on 17th November, 2006 at about 17:30 hours, on the basis of which Palkot P.S. Case No. 70 of 2006 has been lodged against them under Section 302/34 I.P.C.

2. The appellants, namely, Sawana Nagesia and Bandhanu Nagesia have been convicted and sentenced to R.I. for life with fine of Rs.5,000/- each under Section 302/34 I.P.C.; no charge under Section 302 I.P.C. was framed against Sawana Nagesia.

3. Vide order dated 07th October, 2014, the appellant no. 2, namely, Bandhanu Nagesia has been released on bail.

4. During the trial, the prosecution has examined six witnesses; the wife of the deceased, namely, Jiro Devi (P.W.1), the daughter of the deceased, namely, Sukri Kumari-P.W.2 and son of the deceased, namely, Hiru Pradhan-P.W. (4) have been projected by the prosecution as eyewitnesses.

5. Dr. Sugendra Say, who has been examined as P.W. 5, has found the following injuries on Mangru @ Kodhi Pradhan :

“Crushed lacerated wound 8” x 2” x brain deep over right side of skull with fracture of almost all cranial bone. Brain walls spro