MADHUP VASHISHT Vs. STATE

JUDGEMENT

(1.) THESE are the applications of the applicant, Madhup Vashisht, in crl. Appeal No. 658/2008 and the applicant, Himanshu Gaur, in Crl. Appeal no. 712/2008 for suspension of their sentence and for their release on bail during the pendency of the appeal.

(2.) BY a common judgment dated 19th July, 2008 the applicants Madhup Vashisht and Himanshu Gaur were convicted under Section 302 read with Section 34 of IPC. By order dated 24th July, 2008 the applicants were sentenced to imprisonment for life and with a fine of Rs. 20,000/- each and in default of payment of fine, further simple imprisonment of six months.

(3.) THE case of the prosecution is that both the applicants committed murder of the deceased, Prem Bahadur, in furtherance of their common intention by inflicting danda and brick blows on the head of the deceased and the injuries caused proved to be fatal and were sufficient in the ordinary course of nature, to cause death of the deceased Prem Bahadur.