BANWARI AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) THE aforementioned two criminal appeals i.e. [Criminal Appeal No. 105 of 2012 -Banwari v. State of U.P.] and [Criminal Appeal No. 106 of 2012 -Rakesh v. State of U.P.] arise out of same judgment, hence the same are being disposed of together.

(2.) CRIMINAL Appeal No. 105 of 2012 has been preferred by the appellant Banwari and Criminal Appeal No. 106 of 2012 has been preferred by the appellant Rakesh against the judgment dated 09.11.2011 and order dated 10.11.2011 passed by Temporary Additional Sessions Judge, Court No. 2, Kheri in Sessions Trial No. 440 of 1999 arising out of Case Crime No. 220 of 1999, Police Station Mohammadi, District Lakhimpur Kheri whereby both the appellants were convicted for the offence under Section 302/34 IPC and were sentenced with imprisonment for life and also with fine of Rs. 2000/ - each with default stipulation of two years additional imprisonment. They were further convicted for the offence under Section 325/34 IPC and were sentenced with simple imprisonment for a period of two years and also with fine of Rs. 500/ - each, with default stipulation of six months additional imprisonment. However, both the appellants were acquitted of the charge under Section 323/34 IPC.

(3.) INITIALLY the case was registered under Section 308/323 IPC. While Ram Lal was being taken to hospital, he succumbed to the injuries and was declared dead by the doctor. Accordingly, the case was converted under Section 304 IPC. Inquest proceedings were conducted and after completing the formalities the dead body was sent for postmortem which was conducted on 15.06.1999 at 4.40 p.m. Following ante -mortem injuries were found on the body of the deceased.