VIPIN SHARMA & ORS Vs. STATE

JUDGEMENT

(1.) The present appeal under section 374(2) of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C') assails the judgment and order of conviction and order on sentence dated 24.04.2018 and 08.05.2018 respectively, in Sessions Case No. 497/2016, titled as 'State vs. Mahadev Rawat and Ors.', emanating from FIR No. 90/2011 (hereinafter referred to as the 'subject FIR').

(2.) By way of the impugned judgment and order of conviction and order on sentence dated 24.04.2018 and 08.05.2018 respectively, Vipin Sharma (hereinafter referred to as 'Appellant No.1'); Vivek Sharma @ Billo (hereinafter referred to as 'Appellant No.2') and Gaurav Sharma (hereinafter referred to as 'Appellant No.3'), were convicted and sentenced under the provision of section 302 read with section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') to life imprisonment along with a fine of Rs. 50,000 each, as well as, under Sections 323/324/34 IPC and sentenced to Rigorous Imprisonment for 1 year. In default of payment of fine, the Appellants have been sentenced to undergo simple imprisonment for a further period of six months. However, the benefit of the provision under section 428 Cr.P.C has been granted to the appellants. All the sentences have been directed to run concurrently.

(3.) Charge was also framed against the Appellants, as well as, three other accused persons, namely, Mahadev Rawat, Rajesh Sharma and Yash Gupta @ Chotti (hereinafter referred to as the 'assailants') under Section 307/34 of the IPC and they were all convicted accordingly and sentenced to Rigorous Imprisonment of seven years each with fine of Rs. One Lac only by the Trial Court by way of said judgment and order on sentence dated 24.04.2018 and 08.05.2018 respectively.