VIRENDRA ALIAS BUDDHU Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is filed by the two accused who have been convicted by the Division Bench of the Allahabad High Court under Section 302 read with Section 34 of the Indian Penal Code (for short Rs. IPC) and sentenced to undergo imprisonment for life.

(2.) Originally, there were three accused persons, namely, Virendra @ Buddhu, Ram Asrey @ Tami and Girish Chandra @ Gappu and they were charged under Section 302 read with Section 34 IPC and Girish Chandra was also charged under Section 307 IPC. The Trial Court after recording evidence and hearing arguments acquitted all the accused persons of the charges leveled against them under Section 302 read with Section 34 IPC and Girish Chandra from the charges leveled against him under Section 307 IPC. Being aggrieved by the order of acquittal passed by the Trial Court an appeal was filed by the State of U.P. before the Allahabad High Court. The said appeal was allowed in part to the extent that acquittal of the accused - appellant in the present appeal was set aside and they were sentenced to undergo imprisonment for life under Section 302 read with Section 34 IPC, while the acquittal of third accused, namely, Girish Chandra was affirmed by the same judgment and order of the High Court of Allahabad. Being aggrieved by the said order of the High Court the present appeal was filed by the accused persons, in which notice was issued and an order was also passed rejecting the prayer for bail but with direction for expeditious disposal of the appeal. Pursuant to the said order, the present appeal was listed before us for hearing and disposal and we heard the learned Counsel appearing for the parties. In this appeal, learned Counsel appearing for the parties have taken us through the entire evidence on record in support of their contentions before us.

(3.) Before analyzing the submissions made before us by the counsel appearing for the parties, it will be necessary to set out the factual position leading to the filing of the present appeal by both these accused persons.