RAJESH S/O GANPAT 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 30th April, 2010 passed by Addl. Sessions Judge/1st Fast Track Court, Roorkee, District Haridwar in Sessions Trial No. 92 of 2008 'State v. Dharmendra', and in the connected Sessions Trial No. 138 of 2008 'State v. Rajesh and Anr.' whereby Appellants Rajesh and Dhermendra are convicted under Sections 302, 364A and 201 of the Indian Penal Code, 1860 (for short I.P.C.). Each one of the Appellants has been sentenced by the trial court to rigorous imprisonment for life under Section 302 I.P.C. with fine of 10,000/- and in default of payment of fine further rigorous imprisonment of one year, rigorous imprisonment for life under Section 364A I.P.C. with fine of 5,000/- and in default of payment of fine further rigorous imprisonment of one year and rigorous imprisonment for a period of five years for the offence punishable under Section 201 I.P.C. with fine of 2,000/- and in default of payment of fine further rigorous imprisonment of six months. It is directed that all the sentences shall run concurrently. The other co-accused Sunil was acquitted by the trial Court.

(2.) Since in both these appeals there involves 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. 106 of 2010 shall be the leading appeal.

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