SANDEEP KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 23.10.2001 and 31.10.2001 wherein the appellant Sandeep along with co-accused Sunny had been convicted under Section 366 read with Section 34 of the IPC and each of them had been directed to undergo RI for 5 years and to pay a fine of Rs.1000/- in default of payment of fine to undergo SI for six months.

(2.) The co-accused Sunny was declared a juvenile and his matter was remanded back to the Juvenile Justice Board.

(3.) Record shows that on the statement of 'A' (PW-1) the present FIR has been registered under Sections 366/376/34 of the IPC. Besides the present petitioner and co-accused Sunny there were two other persons who were involved in the incident. They were Tinku and Sunil Prasad Tiwari both of them had been tried for charges under Section 376 of the IPC. In the course of the trial both of them had expired.