2002 Supp 1 SCR 281 The following Order of the Court was delivered The appellant and his brother were charged for double murder one of Ashok Kumar and other of Ram Prasad, Appellant was companyvicted under Section 302 IPC and his brother for offence under Section 302/34 IPC by Court of Sessions.
The case of the prosecution is based on the ocular testimony of three witnesses PWs 1, 2 and 3, besides the testimony of the informant PW4 and other evidence including medical evidence produced in the trial before the Court Sessions.
In view of the opinion of third learned judge the appeal was dismissed by the High Court, The judgment and order of High Court is under challenge in this appeal.
The eye witnesses to the murder of Ashok Kumar, according to the prosecution case, were PW1 and PW3.
They were awarded life sentence.
During the pendency of appeal in the High Court against companyviction and sentence passed by the Court of Sessions, brother of the appellant died.
Ashok Kumar deceased was brother of PW1, PW4 is father of Ashok Kumar and PW1 Sushil Kumar.
The appellants appeal was heard by a Division Bench of the High Court.
PW3 is an employee of PW1.
