SURENDRA SINGH & ANR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is directed against the final judgment and order dated 30.12.2009 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.1644 of 2001 (Old No.2113/1996) whereby the High Court dismissed the appeal filed by the accused-appellants herein and confirmed the order dated 11.10.1996 passed by the Sessions Judge, Tehri Garhwal in Sessions Trial No.7 of 1990.

(2.) In order to appreciate the issues involved in this appeal, it is necessary to state the relevant facts hereinbelow.

(3.) Three persons, namely, Rameshwar Singh (A1), Surendra Singh (A-2) and Ram Singh (A-3) were prosecuted for commission of offence of murder of one Rajendra Prasad. The Sessions Judge held all the three accused persons guilty for having committed murder of Rajendra Prasad and accordingly convicted all the three accused under Sections 457, 380 and 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). They were accordingly sentenced to undergo rigorous imprisonment for two years and a fine of Rs.1500/- and in default of payment of fine to further undergo rigorous imprisonment for six months under Section 457 IPC, rigorous imprisonment for two years and a fine of Rs.1500/- and in default of payment of fine to further undergo rigorous imprisonment for six months under Section 380 IPC and life imprisonment under Section 302/34 IPC. However, all the sentences were to run concurrently.