BHUJVEER Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Yogesh Kumar Srivastava, assisted by Sri Noor Mohammad, learned Advocates for the appellants and learned A.G.A. for the State.

(2.) Both these appeals challenge the judgment and order dated 26/27.7.2012 passed by Special Judge (D.A.A.) Etah in Sessions Trial No.311 of 2006 convicting and sentencing the appellants in both the appeals under Section 302 read with Section 34 of Indian PenalCode, 1860(hereinafter referred to as 'I.P. Code') for life imprisonment with fine of Rs.7,000/- and, in case of default of payment of fine, further to undergo imprisonment for six months.

(3.) Before we go to the facts, we with a burning heart wish to mention that the subsequent judge who convicted all the three accused by invoking Section 302 read with Section 34 of IPC and exonerating them under Sections 498A and Section 304 B can be said to have committed an irregularity as after all the witnesses had turned hostile and the statement of the accused were recorded under section 313 CrPC, the learned Judge, all of a sudden, without any application, either by State or by complainant, thought it fit that accused have committed what he considered to be murder and thereafter charged the accused under Section 302 read with Section 34 of I.P.C. and convicted the accused under the same offence.