NONA RASTOGI ANDBULVA AND ANR. Vs. STATE

JUDGEMENT

(1.) BOTH these appeals, preferred by the appellants under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.'), are directed against the judgment and order dated 13.12.1996 passed by the Sessions Judge, Dehradun in Sessions Trial No. 62 of 1995 State v. Nona Rastogi and two Ors. whereby the accused appellant Nona Rastogi has been convicted under Section 307 of Indian Penal Code, 1860 (for short, I.P.C.) and two other accused appellants Bulva and Dharamvir have been convicted under Section 307 read with Section 34 IPC and sentenced each of them to undergo R.I. for six years and also fine of Rs. 1000/ -each. In default of fine, they were directed to undergo R.I. for additional term of six months.

(2.) SINCE both these appeals have been preferred against the same judgment and order dated 13.12.1996 and pertain to the same trial and the same incident, hence these are being decided by this common judgment and order.

(3.) ON the basis of the FIR Ex. Ka -2, the chick FIR Ex. Ka -5 was prepared on the same day by Head Constable Suresh Kumar. Necessary entries were also made by him in the GD. Copy of GD is Ex. Ka -6. Injured Rajesh Kumar was medically examined by PW3 Dr. H.G.S. Manral on 12.6.1993 at 9.05 am, who also prepared the medical examination report Ex. Ka -1.