SHYAM BABU MAURYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant Shyam Babu Maurya and his co-accused Lavlesh Pappu and Ram Bahadur were convicted by the trial court for an offence under Sec.302 of the Penal Code, 1860 (for short " Indian Penal Code ") and sentenced to undergo imprisonment for life and to pay fine of rupees ten thousand each and in default to undergo further imprisonment for a period of one year. On appeal, the High Court altered the conviction of the appellant and his co-accused from one under Sec.302 Indian Penal Code to Sec.302 read with Section 34 Indian Penal Code . Hence, this appeal.

(2.) We have heard the learned counsel for the parties and perused the record.

(3.) The case of the prosecution, as disclosed in the first information report, was that the appellant and his co-accused killed Inder Dev Singh on 9-11-1999 near the culvert of minor canal of Village Moran by firing shots from their pistols.