BABA HARINATH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal preferred, under Section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against judgment and order dated 7th May 2002 passed by Sessions Judge Pauri Garhwal in Sessions Trial No. 11 of 2000 whereby appellant Baba Hari Nath and co-accused Surendra Kumar (since acquitted) were convicted under Section 302 read with Section 34 and under Section 201 read with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.). Each one of the convicts, was sentenced to imprisonment for life.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) THE main argument advanced on behalf of the appellant is that co-accused Surendra Kumar on the same set of evidence has already been acquitted by this court vide its order dated 04.12.2004 passed in criminal jail appeal no. 126 of 2002. It is further pleaded that present appellant Baba Harinath is languishing in jail for last more than 10 years. It is contended that on the same ground on which co-accused Surendra Kumar was acquitted, the present appellant is also entitled to be acquitted.