CHANDA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Conviction of the accused-appellant was altered by the Division Bench of the Allahabad High Court from Section 302 read with Section 149 to Section 304, Part I read with Section 149 of the Indian Penal Code, 1860 (in short "IPC"). Life imprisonment as awarded by the trial Court was altered to 10 years imprisonment for the altered conviction under Section 304, Part I, IPC. The trial Court had not awarded any separate sentence for the other offences.

(2.) Background facts alleged by the prosecution leading to the trial are essentially as follows :

(3.) On completion of investigation charge-sheet was placed. To substantiate its accusations 8 witnesses were examined including PW-1 Hashim Khan, Naim (PW-2) and Samiulla (PW-3) who claimed to be eye-witnesses. Accused persons pleaded innocence and stated that they were falsely implicated due to enmity.