JUDGMENT :

1. The present Criminal Appeals have been filed against the Judgment and Order dated 14.1.2016 passed by the Special Judge / Additional Sessions Judge, Bijnor in Session Trial No.485-A of 2011 (State vs. Alam); Session Trial No.485 of 2011 (State vs. Noor Mohammad and Others), arising out of Case Crime No.52 of 2011, under Sections 302/34, 323/34 IPC, P.S. Mandawar, District Bijnor, whereby appellants were convicted for life imprisonment under Sections 302/34 IPC and fine of Rs.20,000/- each, in default of payment of fine, six months additional R.I. and under Section 323/34 IPC, 3 months R.I. and fine of Rs.500/- each, in default of payment of fine, one month additional R.I. with a direction that all the sentences shall run concurrently.

2. Being aggrieved therefrom, accused Alam preferred Criminal Appeal No.888 of 2016 and accused Noor Mohammad, Deen Mohammad preferred Criminal Appeal no.639 of 2016 for setting aside their conviction and passing an order of acquittal.

3. Since common issues are involved in both the appeals, both are being disposed of by a common order. The facts stated in Criminal Appeal No.888 of 2016 shall be treated as the leading appeal.

4. The brief fa