4 and Kiran, accused No.
3 to 5 who were companyvicted by the trial Court observing that they were staying separately which was factually incorrect.
By the impugned judgment, the High Court allowed the appeal No.
They were heard on the question of sentence and the Court ordered them to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000/ each and in default, they were ordered to further undergo rigorous imprisonment for eight months.
Being aggrieved by the order of companyviction and sentence, all the accused preferred appeals before the High Court.
The said fact was proved from sworn testimony of prosecution witnesses.
The dead body of Anju Devi was found in the bath room.
The said order is challenged by the companyplainant by filing the present appeal.
We have heard learned companynsel for the parties.
5 on the ground that they were residing separate from accused Nos.
16 of 2000 decided on June 13, 2002 held that it was proved by the prosecution that the deceased died homicidal death and all the accused were responsible for companymitting the said crime.
The learned companynsel for the appellant vehemently companytended that the order of companyviction and sentence recorded by the trial Court was in accordance with law and ought number to have been set aside by the High Court.
992 SB/2002 filed by other accused and acquitted some of the respondents accused for offences with which they were charged reversing the order of companyviction recorded by the trial Court.
1012 SB/2002 filed by Vinod and partly allowed the appeal No.
It was also submitted that on the basis of the evidence adduced by the parties, the trial Court held that it was a case of homicidal death.
It was, therefore, submitted that the appeal deserves to be allowed by restoring the order of companyviction and sentence recorded by the trial Court.
K. THAKKER, J. Leave granted.
The present appeal is filed by the companyplainant, brother of deceased Anju Devi against the judgment and order dated October 31, 2006 by the High Court of Punjab Haryana in Criminal Appeal Nos.
992 SB of 2002 and 1012 SB of 2002.
