RADHA KRISHNA Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (for brevity herein after referred as Cr. P. C. is directed against the judgment and order dated 4-10-1986, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 12 of 1984, whereby accused/appellants Radhakrishna and Uma Shankar have been convicted under Sections 304, Part II and 34 and 273/34 of Indian Penal Code, 1860, (for brevity herein after referred as I. P. C.) and each one of them has been sentenced to undergo rigorous imprisonment for a period of five years (under Section 304, Part II and 34 of I. P. C.) and rigorous imprisonment for a period of six months (under Sections 273/34 I. P. C.), The trial Court directed that both the sentences shall run concurrently.

(2.) HEARD learned Counsel for the parties.

(3.) BEFORE further discussions, it is pertinent to mention here that as per the Chemical Examiner, who has sent his report of viscera of the deceased and the recovered bottles from the shop of the accused, has reported that the bottles contained alcohol and medriatic alcolide poison (Ext. A-57) and in the items of viscera also alcohol and medriatic alcolide poison was found (Ext. A-58 ).