UPENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal received through Superintendent of jail Tehri Garhwal preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C) is directed against judgment and order dated 07.01.2009 passed by Session Judge, Tehri Garhwal in Sessions Trial No. 10 of 2008 whereby the appellant Upendra Singh and Virendra Singh have been convicted under section 304 part-2 read with section 34 of Indian Penal Code, 1860, (for short I.P.C), and each one of them is sentenced to rigorous imprisonment for a period of four years, and each one of them is also directed to pay fine of Rs. 2000/-.

(2.) HEARD learned Amicus Curiae for the appellants and Government Advocate for the State.

(3.) THE Chief Judicial Magistrate on receipt of the charge sheet, after giving necessary copies to the accused, as required under section 207 of Cr.P.C, committed the case to the court of Sessions for trial. Meanwhile, accused Rooka died during trial. Learned Sessions Judge, after hearing the parties framed charge of offence punishable under section 304 read with section 34 of I.P.C on 17.05.2008, against accused/appellant Upendra Singh and Virendra Singh, who pleaded not guilty and claimed to be tried.