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3. Thus, in fact there are four accused-respondents, namely, Baljit Singh @ Parmanand, Durgpal, Hori Lal, Rajesh @ Sanju @ Kaliya were accused of Case Crime No. 2112 of 1998, under Sections 302/34 and 452 IPC. Since both the Session Trial numbers leads to a common incident and for the sake of brevity, the learned Trial Judge has decided both the STs by the common judgment. Now, the aforesaid judgment is under the judicial scrutiny under Section 378(3) Cr.P.C. by the State of U.P.

4. From the aforesaid, it is clear that all the accused-respondents are charge sheeted accused of Chargesheet No. 518 of 1998 dated 27.12.1998, under Sections 147, 149 and 302 IPC. The learned Magistrate has taken cognizance of the offences on 06.01.1999 and being a cognizable offence, case was committed to the Court of Sessions vide order dated 30.07.2003 against Durgpal, Baljit Singh @ Parmanand, Hori Lal which was numbered as S.T. No. 556 of 2003.

7. After lodging the FIR, the investigation of the case was started rolling and was done by I.O. Ravi Kumar Chaturvedi to file the report against Shivakant Shukla, Durgpal, Baljit Singh @ Parmanand, Hori Lal and Rajesh @ Sanju @ Kaliya under Sections 147, 148 and 302 IPC and, consequently, the charges were framed by the learned Trial Judge under Sections 302/34 and 452 IPC, thus, the charges were duly explained to the accused-respondents which they have denied and insisted to be tried.

8. As many as 14 prosecution witnesses were examined in support of the prosecution case and as many as 18 documents were exhibited during trial.