VIPIN KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BOTH these appeals, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C), are directed against the judgment and order dated 30.11.2000, passed by Addl. Sessions Judge First, Dehradun, in Sessions Trial No. 61 of 1995, and Sessions Trial No. 195 of 1995. By said impugned order, the Trial Court has convicted accused/appellants Niranjan Mishra and Vipin Kumar under Section 302 read with Section 34, and under Section 120-B of the Indian Penal Code, 1860 (for short I.P.C.), and directed each one of them to undergo imprisonment for life and further directed to pay fine of Rs.5,000/-. Accused / appellant Vipin Kumar has been further convicted under Section 25/4 of Arms Act, 1959, and sentenced to rigorous imprisonment for a period of three months.

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

(3.) BEFORE further discussion, we think it just and proper to mention here the ante- mortem injuries recorded by P.W. 5 Dr. Rakesh Shamsheri, after post-mortem examination on the dead body of Nitin Pant S/o Anand Prakash on 04.11.1994, at 04:15 p.m. The ante-mortem injuries mentioned in the autopsy report (Ext. A -3) are being reproduced below :