JUDGMENT

G.S. Ahluwalia J. - This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 4-9-2012 passed by First Additional Sessions Judge, Bhind in S.T. No.181/2009, by which the appellant Kallu @ Brajesh Sharma has been convicted under Section 302 /149 of IPC and has been sentenced to undergo Life Imprisonment and a fine of Rs. 5000/- and under Section 148 of IPC and has been sentenced to undergo 2 years Rigorous Imprisonment. Both the sentences shall run concurrently.

2. It is not out of place to mention here that 7 co-accused persons, namely Monu Sharma, Sonu Sharma, Kamlesh, Pejram, Mahesh @ Pappu, Rajesh and Bablesh were arrested and they were tried. All of them were convicted under Section 302 /149 (On two Counts), 307/149, 323/149 (On three Counts) and 148 of IPC. Cr.A. No. 938/2010, 940/2010 and 1031/2010 were filed by Monu Sharma, Sonu Sharma, Kamlesh, Prejram, Mahesh @ Pappu, and Rajesh whereas Cr.A. No.951/2010 was filed by Bablesh. Bablesh has died during the pendency of his appeal and accordingly, his appeal was dismissed as abated. Although Cr.A. Nos. 938/2010, 940/2010 and 1031/2010 have also been heard simultaneously, bu