RAM CHANDRA Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal, preferred un der Section 374 (2) of the Code of Crimi nal Procedure, 1973 (for brevity herein after Cr. P. C.), is directed against the judgment and order dated 21-12-1982, passed by learned Sessions Judge, 'chamoli, in Sessions Trial No. 19 of 1982, whereby appellants Ram Chandra and Ghanshyam have been convicted under Section 307 read with Section 34 of the Indian Penal Code, 1860 (for brevity hereihalter I. P. C.) and each one of them is sentenced to undergo rigor ous imprisonment for a period of four years.

(2.) HEARD learned counsel for the parties and perused the entire record.

(3.) ALL oral and documentary evi dence was put to the accused persons by the trial court under Section 313 of the Cr. P. C. , regarding which they alleged that the same is false and they have been falsely implicated in the crime, due to enmity. No evidence in defence ap pears to have been adduced by the de fence. After hearing the parties, the trial court found both the accused guilty of offence punishable under Section 307 /34 of I. RC. , and after hearing him on sentence, sentenced each one of them to rigorous imprisonment for a period of four years. Aggrieved by said judgment and order dated 21-12- 1982, both the convicts preferred this appeal before ALLahabad High Court in the year 1983, from where the same is received by this Court by way of transfer, under Section 35 of the U. P. Reorganization Act, 2000, for its disposal.