RAMAKANT Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mangla Prasad Rai, learned counsel for the appellant and Sri Saghir Ahmad, the A.G.A. for the State.

(2.) The present appeal has been filed against the judgement of conviction and sentence of the appellant by the learned Additional Session Judge/Special Judge (SC/ST Act), Fatehpur in Session Trial No. 62 of 2003 under Section 304/324 I.P.C. and Section 3 (2) (v) SC/ST Act arising out of Case Crime No. 109 of 2002, whereby the appellant has been convicted and sentenced to undergo 10 years R.I., with the additional fine of Rs. 3,000/- and in default thereof to undergo one years further imprisonment.

(3.) In view of the provisions of Section 3 (2) (v) of the SC/ST Act, the offence has been found to be proved by the learned trial court and the conviction and sentence of the appellant has been awarded under the said provision enhancing the sentence to life imprisonment together with fine of Rs. 1,000/- and in default thereof to undergo three months further imprisonment.