DEVENDRA SINGH ALIAS DEVAN Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (herein-after referred as Cr. P. C.) is di rected against the judgment and order dated 02-05-1990, passed by learned Sessions Judge, Nainital, in Sessions trial No. 236 of 1986, whereby the accused / appellants Devendra Singh and Madan Singh have been convicted under Sec tion 302 read with Section 34 and un der Section 201 read with Section 34 of the Indian Penal Code, 1860 (hereinaf ter referred as I. PC.), and each one of them has been sentenced to imprison ment for life under Section 302 read with Section 34 of I. P. C. , and three years rigorous imprisonment and also to pay fine of Rs. 1,000/- under Section 201 read with Section 34 of I. P. C. It is directed by the trial court that in default of payment of fine, the defaulter con vict shall further undergo six months rig orous imprisonment. Both the sentences were directed to run concurrently by the trial court. (During the pendency of ap peal appellant Devendra Singh as died and his appeal stood abated ).

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

(3.) BEFORE further discussions, it is pertinent to mention here, the ante mortem injuries found on the person of the deceased, at the time of post mortem examination, as observed in Ext. A-14, which are being reproduced as under : "1. Multiple abraded contusion on the top and back of head with lacerated wound of 3cm x 2cm on the back with one fracture. 2. Lacerated wound of 4cm x 1. 5 cm on the left side forehead. 3. Contusion on the right side of forehead. 4. Abrasion on the back of both hands (palm ). 5. Contusion with multiple abra sions on both knee joints.