STATE OF UTTAR PRADESH Vs. AVINASH

JUDGEMENT

(1.) Avinash accused was tried by Sri. S.K.Sexena, the then VIIth Addl. Sessions Judge, Meerut for the offence under Section 302, I.P.C.By his judgment and order dated 22-4-1980 at the trial the VIIth Addl. Sessions Judge, Meerut held him guilty only of the offence under Section 304, I.P.C.and accordingly convicted him of this offence and sentenced him to undergo R.I.for 10 years and also a fine of Rs. 10,000.00 and in case of default to suffer further R.I.for a period of one year.

(2.) Being aggrieved by the said judgment and order Avinash accused has preferred Criminal Appeal No. 915 of 1980 seeking his acquittal under Section 304, I.P.C.On the other hand the State Government preferred Government Appeal No. 1601 of 1980 praying for conviction and sentence of the accused for the offence under Section 302, I.P.C.

(3.) Both appeals have been consolidated and heard together and both appeals are being disposed of by this common judgment. The original judgment shall be kept-on record of Government Appeal No. 1601 of 1980.