SURESH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

(2.) This appeal challenges the judgment and order dtd. 20/6/2013 passed by Additional Sessions Judge, Court No.8 in Sessions Trial No.333 of 2006 (State vs. Kaluwa and others) wherein the learned Sessions Judge convicted accused-appellant, Suresh and accusedKaluwa under Sec. 302 read with Sec. 34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced them to imprisonment for life with fine of Rs.10,000.00 and, in case of default in payment of fine, further to under six months' simple imprisonment.

(3.) Three accused namely Kaluwa, Veerendra and Suresh tried for commission of offence under Sec. 302 read with 34 of IPC. Accused-Kaluwa died on the date of pronouncement of judgment when he felt that his sister had deposed against him. Accusedappellant, Virendra was declared juvenile and his trial was separated. We are concerned here with the accused-appellant, Suresh, who has been assigned the role of aiding the main assailant.