JUDGMENT :

D.K. Singh, J.

1. Appeals

1.1 The instant criminal appeals under Section 374 (2) CrPC have been preferred by the three accused-appellants, namely Daya Ram, Jay Singh and Mahendra alias Madan against the impugned judgment and order dated 20/21.09.2007 passed by the Additional Sessions Judge/F.T.C.-VIII, Lucknow in Sessions Trial No.0193 of 2003, arising out of Crime No.0149 of 2002 under Sections 307, 302, 504 and 506 IPC lodged at Police Station Bakshi-Ka-Talab, District Lucknow.

The trial Court did not find charge under Section 504 and 506 IPC read with Section 34 IPC proved against all the appellants beyond reasonable doubt and, therefore, acquitted them from the charges under the said sections. However, the appellants have been convicted under Section 302 IPC read with Section 34 IPC and, sentenced for life with fine of Rs.1,000/- each and, in the event of non-payment of fine, one month’s additional simple imprisonment.

2. Prosecution Case

2.1 On the basis of written complaint, Exhibit Ka-1, from Murli Prasad, complainant, PW-2, FIR, Exhibit Ka-12, at Case Crime No.0149 of 2002 came to be registered on the same day i.e. 22.07.2002 at 10 a.m. under Sections 307, 504 and 506