KRISHNA MOHAN CHAND Vs. STATE OF U P

JUDGEMENT

(1.) BOTH the Criminal Appeal Nos. 4567/2005 and 4351/2005, under Section 374 (2), Cr. P.C. have been filed against the impugned judgment and order dated 28.9.2005 passed in S.T. No. 437/2003, under Sections 302, 504 and 506, I.P.C., P.S. Gola, District Gorakhpur, wherein accused Chandra Bhan Chand and Smt. Savitri Devi have been acquitted for the charge punishable under Section 302 read with Sections 34, 504, and 506, I.P.C. and accused appellants Gulab Chand and Krishna Mohan Chand have also been acquitted for the charge under Sections 504 and 506, I.P.C. while they have been convicted for the charge under Section 302 read with Section 34, I.P.C. by awarding sentence of life imprisonment alongwith the fine of Rs. 3,000 each. In default of payment of fine, the appellants will further undergo for one year additional imprisonment each.

(2.) BEING the same sessions trials number and case as above, both the criminal appeals are being disposed of by this common order.

(3.) PROSECUTION examined Durg Vijay Chand (P.W. 1), Ran Vijay Chand (P.W. 2), Rajesh (P.W. 3), Dr. K. K. Chaudhary (P.W. 4), S. I. Birchhu Ram (P.W. 5), S. I. Pawan Kumar Chaubey (P.W. 6) and S. I. Ganesh Singh (P.W. 7).