YUNUSH AND ORS. Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed by the appellant against the judgment dated 28.5.2015 and order on sentence dated 3.6.2015 passed by learned Additional Sessions Judge, in Session Case No. 24/15, whereby the appellants have been acquitted for the offence punishable under Ss. 377/34 of the Indian Penal Code but convicted for the offence punishable under Ss. 302/120 -B of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for life with fine of Rs. 5,000/ -, each, and in default of payment of fine to undergo further Rigorous Imprisonment for a period of six months.

(2.) The facts of the case, as noticed by the learned trial court, are as under:

(3.) Matter was investigated as per law. Five persons including two accused and three juveniles were found in the commission of offence in the case. In the course of investigation, disclosure statement of accused persons were recorded, incriminating material was seized, postmortem on the dead body of deceased was got conducted, accused persons were arrested and on completion of investigation in the case, Police Investigation Report (PIR) was filed before Juvenile Justice Board against juveniles Vikram, Hassan and Ashiq while charge sheet was filed in the court against accused Mukesh Kumar and Mohd. Yunus.