SUSHIL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for brevity Cr.P.C.), is directed against the judgment and order dated 2nd December, 2005 passed by Additional Sessions Judge/ Second Fast Track Court, Haridwar in Sessions Trial No.411/2002 whereby appellants Sushil & Pappu are convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.) and one punishable offence under Section 452 I.P.C. Each one of the appellants has been sentenced by the trial court to imprisonment for life and also directed to pay fine of Rs. 5,000/- under Section 302/34 I.P.C., rigorous imprisonment for a period of seven years and directed to pay a fine of Rs. 3,000/- for the offence punishable under Section 452 I.P.C.

(2.) HEARD learned counsel for the parties and perused the Lower Court's Record.

(3.) BEFORE further discussion, we think it just and proper to mention the ante mortem injuries found on the body of Sunil Kumar by P.W.7-Dr. P.K. Bhatnagar, who prepared Autopsy Report (Ext. A-9). The ante mortem injuries are being reproduced below: