JAGDISH Vs. STATE

JUDGEMENT

(1.) Heard Sri N.I. Jafari, Advocate on behalf of the appellants and learned Additional Government Advocate for the State-respondent.

(2.) This criminal appeal is directed against the judgement and order passed by the IIIrd Additional Sessions Judge, Rampur dated 29th March, 1989 in Sessions Trial No. 45 of 1986 being Crime No. 563 of 1985, Police Station Civil Lines, District Rampur.

(3.) Under the said judgement and order of the Sessions Judge, all the four appellants, namely, Jagdish, Hori, Nathu and Pooran have been convicted of an offence under Section 302 read with Section 34 of the Indian Penal Code for having committed murder of deceased Babu Ram in furtherance of their common intention to cause death by inflicting injuries with country-made pistols, 'Tabal' and 'lathi'. They have also been convicted of an offence under Section 307 read with Section 34 of the Indian Penal Code for having attempted murder of Khem Karan in furtherance of common intention by causing injuries with country-made pistol, 'tabal' and 'lathi'. For the said offence, they have been sentenced to imprisonment for life punishable under Section 302 read with Section 34 of the Indian Penal Code and for the offence under Section 307 read with Section 34 of the Indian Penal Code, to undergo rigorous imprisonment for a period of 4 years.