RADHEY SARAN Vs. STATE

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 12.4.1991 passed by IV Additional Sessions Judge, Meerut in S.T. No.191 of 1987 (State vs. Radhey and Nanak Chand) under sections 460, 302/34, 323/34 IPC., P.S. Partapur, District Meerut whereby the learned Sessions Judge has convicted the appellant Nanak Chand under Sections 460 and 302 of IPC and has punished him for 10 years R.I. under section 460 IPC and for life imprisonment under Section 302 IPC. The learned Sessions Judge has also found guilty, the appellant Nanak Chand for the offence punishable under section 323/34 IPC and has awarded him sentence of three months rigorous imprisonment. The appellant Radhey Sharan has also been found guilty under Section 460, 323/34 and Section 302 r/w Section 34 IPC and has been awarded sentence of 10 years rigorous imprisonment for his conviction under section 460 IPC and life imprisonment for the conviction under section 302/34 IPC, 3 months rigorous imprisonment has been awarded to him under section 323/34 IPC. All the sentences of both the appellants were to run concurrently.

(2.) Aggrieved by the aforesaid order of conviction and sentence the appellants have preferred this appeal on the grounds that their conviction is against the weight of evidence on record, the order of conviction is bad in law as well as on facts, and the sentence passed is two severe. Therefore, it has been prayed that the appeal be allowed, the impugned judgement be set aside and the appellants be acquitted of the charges levelled against them.

(3.) We have heard Shri Kuldeep Kumar, learned counsel for the appellants and Shri Pradeep Pandey, learned AGA appearing on behalf of the State and have carefully perused the lower court's record.