CHAMAN Vs. STATE OF U P

JUDGEMENT

(1.) -The present appeal is directed against the judgment and order dated 2.5.2006, passed by Special Judge (S.C./S.T. P.A. Act), Etah in Session Trial No. 574 of 2002 whereby the appellants are convicted under Section 302/34, I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 5,000 and further convicted under Section 3 (2) (5) of S.C./S.T. (P.A.) Act and sentenced to undergo imprisonment for life and a fine of Rs. 5,000. Both the sentences were directed to run concurrently.

(2.) BRIEFLY stated, the prosecution case is that marriage of Mahesh Chand was going to be solemnized in village Raja Ka Rampur and several persons of village Aliganj reached in village Raja Ka Rampur to attend the marriage. At about 11 p.m. on 16.3.2002, when the marriage party was reaching bride's house the appellants started dancing in the party, which was objected by the people but they did not pay any heed, which resulted in a scuffle between the appellants and the deceased. Thereafter, appellants went to their house and returned and Dildar stabbed Mukesh with a knife on his chest while Chaman was catching hold of him. Mukesh succumbed to his injuries while he was being carried to the hospital for treatment. The report of the incident was lodged by one Alakh Saran at the police station.

(3.) IN the opinion of the doctor the cause of death was due to shock and haemorrhage as a result of ante-mortem injuries.