CHHOTEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Gopeshwar Sahai Bisaria, learned amicus curiae for the appellant, Sri Awadhesh Narayan Mulla assisted by Mrs. Manju Thakur and Sri J.K. Upadhyay, learned AGAs for the State and perused the record of this appeal.

(2.) By way of instant criminal appeal, challenge has been made to the judgment and order of conviction dated 06.03.1995 passed by III-Additional Sessions Judge, Hamirpur, in Sessions Trial No. 216 of 1994 State v. Chhotey, arising out of Case Crime No.149 of 1994 , under Sections 376, 302 IPC, Police Station Maudaha, District Hamirpur whereby the appellant has been sentenced to seven years rigorous imprisonment on the first count and life imprisonment on the second count. Sentences shall run concurrently.

(3.) Facts as incarnated refers to the context that the first informant Ram Lal son of Mangi Basor, resident of village Chhimauli, Police Station Maudaha, District Hamirpur, lodged a written report at Police Station Maudaha on 07.05.1994 at 05:30 p.m., regarding the incident which took place around 2:00 p.m. on 07.05.1994 in some Nala near Gwarpatta, village Chhimauli. Accused-appellant Chhotey, resident of Village Chhirka, Police Station Khanna, District Hamirpur, was engaged in playing musical instruments on the occasion of marriage ceremony with the first informant who had formed a band party comprising of three persons in all and the accused-appellant was one of them.