CHANDRAPAL AND OTHERS Vs. STATE OF U.P

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 9th Jan., 1980 of Sri Naseem Uddin, III Additional Sessions Judge, Nainital convicting the appellant Chandra Pal under Sec. 394/397 and 307 Indian Penal Code and sentencing him to undergo seven years R.I. on first count and seven years R.I. on second count. The other two applicants Roshan and Ram Singh were convicted under Sec. 394 and 307/34 Indian Penal Code and were sentenced to undergo four years R.I. on two counts.

(2.) The incident took place on 17th March, 1979 at about 8.30 P.M. The F.I.R. was promptly lodged on the same day at about 11.15 P.M. The lantern was the source of light at the time of occurrence. No doubt the appellants pleaded not guilty in the lower court, but after considering the prosecution evidence namely oral, documentary and medical evidence, the learned Additional Sessions Judge found that the above charges were proved beyond any shadow of doubt. Consequently they were convicted and sentenced.

(3.) I have heard the learned counsel for the appellants and the learned A.G.A. and examined the record. The finding recorded by the learned Additional Sessions Judge against the appellant Chandra Pal is based on proper appreciation of the evidence on record and it requires no interference. Since he was charged under Sec. 394/397 Indian Penal Code and under Sec. 397 Indian Penal Code a minimum sentence of seven years R.I. is prescribed, this sentence requires no reduction.