BASANTA Vs. STATE

JUDGEMENT

(1.) THIS appeal, pre ferred by the appellant under section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr. P. C), is directed against the judgment and order dated 25. 1. 1990 passed by Sessions Judge, Dehradun in ST. No. 56 of 1987, State v. Basanta and another and connected S. T. No. 160 of 1987, State v. Kaka @ Om Prakash, whereby the learned Sessions Judge has convicted the appellant/accused Basanta under section 304 (Part-II) of Indian Penal Code, 1860 (hereinafter to be referred as I. P. C.) and sentenced him to seven years' rigorous imprisonment under section 304 (Part-II) IPC. Appellant/accused Basanta was further convicted under section 323 IPC and was sentenced to three months' imprisonment. Both the sentences were directed to run concurrently. Appel lant/accused Ram Singh was convicted under section 323 IPC r/w section 34 of IPC, however instead of sentencing him, he was directed to be released on probation provided he executes a personal bond of Rs. 1500/- and furnishes two sureties each in the like amount, binding himself to keep peace and be of good behaviour for a pe riod of six months. Co-accused Kaka @ Om Prakash who was charged in connected S. T. No. 160/87, was acquitted of the charge punishable against him.

(2.) I have heard Sri Lokendra Dobhal, learned Counsel for the appellants and Sri Harish Pujari, learned Addl. G. A. for the State and perused the entire material avail able on record.

(3.) ON 17. 11. 1987, learned Sessions Judge, Dehradun framed the charge against the appellant/accused Basanta un der sections 302 IPC and also under section 323/34 IPC. The charge was read over and explained to the appellant/accused Basanta, who pleaded not guilty and claimed to be tried. ON the same day i. e. on 17. 11. 1987, the charge was framed against the appellant/accused Ram Singh under section 302 r/w section 34 IPC and also under section 323 r/w section 34 IPC. The charge was also read over and explained to appellant/accused Ram Singh, who also pleaded not guilty and claimed to be tried.