MATHU ALIAS JAGDISH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dtd. 25/7/2012 passed by the High Court of Uttarakhand at Nainital (briefly, 'the High Court' hereinafter) in Criminal Appeal No. 241/2002 (Manua @ Puran & Others Vs. State of Uttaranchal).

(2.) Be it stated that the three appellants and one Kaley alias Kaloo were prosecuted by the State under Sec. 304/34 of the Indian Penal Code, 1860 (IPC) in the Court of Sessions Judge, Dehradun (briefly, 'the Sessions Court' hereinafter) in Sessions Trial No. 86/1997. By the judgment and order dtd. 23/9/2002, the learned Sessions Court had acquitted Kaley alias Kaloo but convicted the other three accused Manua alias Puran, Ramu and Mathu alias Jagdish under Sec. 304/34 IPC and sentenced them to undergo rigorous imprisonment (RI) for a period of five years each and to pay fine of Rs.2000.00 each with a default stipulation.

(3.) Aggrieved by their conviction and sentence, the three appellants had preferred Criminal Appeal No. 241/2002 before the High Court. By the impugned judgment and order, the High Court while affirming the conviction and sentence awarded to the three appellants, dismissed the criminal appeal.