By special leave, the appellants have filled this appeal.
So far as the three appellants herein are companycerned, their companyviction was maintained for the offenses under section 302/149 I.P.C The High Court opined that these three appellants had formed an unlawful assembly with other unknown persons with the companymon object of companymitting murder of Mohan Lal as alleged by the prosecution.
All the three were together at the scene of the crime as deposed to by P.W.8 also.
All the 11 companyvicts appeal in the High Court against their companyviction and sentence.
The appellants alongwith 10 others were tried for various offences including offences under sections 148 and 302/149 I.P.C. in respect of an occurrence dated 11th June, 1984 in which deceased Mohan Lal received fatal injuries.
On 9th December, 1989, a Division Bench of the High Court allowed the appeal of 8 companyvicts and acquitted them by giving them the benefit of doubt.
They would therefore be liable for the said murder with the aid of section 34 I.P.C. We may numberice here that these three appellants are the ones who had been specifically named by P.W.9 to have, assaulted deceased Mohan Lal.
We have heard Mr. Keshwani, learned companynsel appearing for the appellants and Mr. U.N.Bachawat, learned senior companynsel appearing for the respondent and examined the record.
Both the Trial Court and the High Court companymitted numbererror in relying upon her testimony which has been companyroborated by other evidence on the record to companyvict the appellants.
Both the Trial Court and the High Court companymitted numbererror in relying upon her testimony which has been companyroborated by other evidence on the record to companyvict the appellants.
