GUL HASAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These appeals, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), are directed against a common judgment and order dated 26th February, 2000 passed by Addl. Sessions Judge, Kashipur in Sessions Trial No. 154 of 1999 State v. Gul Hasan and Anr. whereby Appellants Gul Hasan and Sher Ali are convicted under Section 302 read with Section 34, and Section 506 of the Indian Penal Code, 1860 (for short I.P.C.). Each one of the Appellants has been sentenced by the trial court to imprisonment for life under Section 302/34 I.P.C. and rigorous imprisonment for a period of two years for the offence punishable under Section 506 I.P.C. It was directed that both the sentences will run concurrently.

(2.) Since in both these appeals there involve common set of facts, therefore, for the sake of convenience, both these appeals have been consolidated and are being decided by a common judgment. Criminal Appeal No. 906 of 2001 shall be the leading appeal.

(3.) Heard learned Counsel for the parties and perused the Lower Court's Record.