SUMER CHAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these appeals arise out of the Judgment and order dated 18-6-1993 passed by the Additional Sessions Judge, Dehradun in S. T. No. 148 of 1988 whereby both the appellants stand convicted under Section 302/34 IPC and appellant Sumer Chand stands sentenced to death while appellant Moti Ram stands sentenced to imprisonment for life thereunder.

(2.) The charge against the appellant Sumer Singh was that on 28-8-1988 at about 1 p. m. in the Military Dairy Farm, police-station-Rajpur, district-Dehradun he committed murder by intentionally causing the death of his wife Smt. Anita and thereby committed an offence punishable under Section 302, IPC. The charge against the appellant Moti Ram was that in furtherance of the common intention he along with co-accused Sumer Chand committed the murder of Smt. Anita and thereby committed an offence punishable under Section 302/32, IPC.

(3.) The prosecution case in short is that Rishi Pal, PW 1, Gyan Singh, PW 2, Km. Rekha, PW 3 and Km. Kala, PW 4 along with some others were engaged in cleaning the Military Dairy Farm, Barighat district Dehradun and were harvesting the maize crop since morning.