UPENDER SINGH & ANR Vs. STATE

JUDGEMENT

(1.) Arising out of the one incident, two FIRs were registered at Police Station (PS) Kalyan Puri. While FIR No. 101 of 2005 was registered under Sections 307 / 34 IPC, FIR 102 of 2005 was registered under Sections 302 / 307 / 34 IPC.

(2.) Separate trials were conducted in both the FIRs. At the final stages, pursuant to the orders in a transfer petition, both the cases were placed before the same Court which delivered two separate judgments dated 11 th December 2013 and orders on sentence dated 18th December 2013 in SC No. 90 of 2012 arising out of FIR 101 of 2005 and SC No. 149 of 2005 arising out of FIR 102 of 2005.

(3.) (i) Criminal Appeal No. 248 of 2014 is by Upender Singh and Surender Singh challenging their conviction in FIR No. 102 of 2005 under Sections 307 / 34 and 302 / 307 / 34 IPC and the order on sentence whereby for the offence under Section 302 / 34 IPC both the accused were sentenced to undergo life imprisonment, and for the offence under Section 307 / 34 IPC to undergo rigorous imprisonment (RI) for five years. For both the offences they were further directed to pay fine of Rs. 1,000 each and in default to undergo SI for one month.