RAM MOHAN Vs. STATE OF U P

JUDGEMENT

(1.) Two Criminal Appeals No.4528 of 2004 and 5074 of 2004 were filed by appellants Jagdish and Ram Mohan respectively against one and the same impugned judgment and order dated 13.8.2004. Vide order dated 4.3.2008 both the aforesaid appeals were connected to each other. However, on account of the death of Jagdish, Criminal Appeal No.4528 of 2004 filed by him has been abated by this Bench vide order dated 11.9.2013, therefore, this judgment pertains to Criminal Appeal No.5074 of 2004 only.

(2.) This Criminal Appeal No.5074 of 2004 has been filed by accused appellant Ram Mohan against the judgment and order dated 13.8.2004 passed by learned Addl. Sessions Judge, Mathura in S.T. No.423 of 2003 whereby he has been convicted under section 302/34 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/- and in case of default of payment of fine, he is to further undergo imprisonment for six months.

(3.) The aforesaid impugned judgment and order has been challenged on the ground that it is against the law and facts of the case.