Per : Justice Vivek Agarwal These appeals are filed by appellants being aggrieved of the Judgment 1 CRA-1257-2012 NEUTRAL CITATION NO. 2024:MPHC-JBP:57127 dated 29.05.2012 passed by learned XIV Additional Sessions Judge, Bhopal in Sessions Case no.526/2010 whereby appellants have been convicted under Section 302/34 of IPC with rigorous imprisonment for life and fine of Rs.10,000/- with default stipulation of additional rigorous imprisonment for 6 months. Appellant no.1-Abrar Hussain has also been convicted under Section 25(1-B)(b) of Arms Act with rigorous imprisonment for 1 year and fine of Rs.1,000/- with default stipulation of additional rigorous imprisonment for 1 month.

2. It is submitted that Salman (PW-1) who was working as a conductor on the said mini bus which was driven by deceased Rafique has turned hostile. He has not supported the prosecution case. Conviction of the appellants is based on the oral dying-declaration given by the deceased to Akil (PW-5), Mohd. Sangir Mansuri (PW-7) and Nasrin (PW-9). It is submitted that all the three accused persons have been implicated whereas incident took place at the spur of moment inasmuch as the bus driven by Rafique bear