NARENDRA Vs. STATE OF U P

JUDGEMENT

(1.) These two criminal appeals have been filed against the judgment and order dated 17.3.2007 passed by the Sessions Court No. 9, Meerut in Session Trial No. 71 of 1999, State v. Narendra & another. The appellant Narendra has been convicted for an offence under Section 302, I. P. C. and has been sentenced to undergo rigorous imprisonment for life. Sanjay has been convicted for an offence under Section 302, I. P. C. read with Section 34, I. P. C. and sentenced to life imprisonment. Both have been convicted for an offence under Section 307 read with Section 34, I. P. C. and have been sentenced 10 years imprisonment with a fine of Rs. 5,000/- each and in default to undergo one year additional rigorous imprisonment. Both the appellants have also been convicted for offence under Section 452, I. P. C. and sentenced to three years rigorous imprisonment with a fine of Rs. 1000/- each and in default to undergo six months rigorous imprisonment. All the punishment are to run concurrently. Facts as disclosed by the prosecution are as follows:

(2.) On 13th October, 1998, information was supplied at police station Sardana that Roop Singh, who had suffered a gun shot injury on the head and was treated upon at Safdarjung Hospital Delhi and after operation was performed upon him, he was brought to the village on 25.9.1998 and when Roop Singh was again being taken to Delhi for medical examination by Ram Pal and Virendra along with driver Sonu in a vehicle bearing registration No. UHD 8246, he expired because of the injuries earlier suffered by him at 2 p.m. on 13.9.1998. The information of death of Roop Singh was recorded in G. D. No. 13 and the offence was converted under Section 302, I.P.C.

(3.) Inquest of the dead body of Roop Singh was prepared and marked Ex. Ka 13. The dead body was sent for post mortem.