LAXMAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the common questions of law and facts are involved in the above numbered appeals, hence these are being taken up together and adjudicated by this common judgment.

(2.) These criminal appeals are instituted against the judgment and order dated 17.11.2011 passed by learned Sessions Judge, Pauri Garhwal in Sessions Trial No.46 of 2008, whereby the accused/appellants (Laxman Singh and Sanju @ Sanjay Singh), were charged with and tried for the offence punishable under Section 302 IPC. They were convicted under Section 302 read with Section 34 of IPC. The trial court has sentenced the accused/appellants to undergo imprisonment for life with fine of Rs.5000/- each under Section 302/34 of IPC and in case of default of payment of fine, to undergo imprisonment for a further period of six months.

(3.) The case of the prosecution, in a nutshell, is that first information report was lodged by PW-1 Sampuran Singh on 23.07.2008. The complainant received an information on 23.07.2008 at 08.00 a.m. that a dead body was lying near Darya Mandir. It appears to be a case of murder. Complainant alongwith other businessmen reached at the spot. Deceased was identified as Balkrishan Goniyal, Teacher. First information report was registered.