KAKA AND ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Anurag Pathak, learned counsel for appellants, Sri Chaudhary Dilnisar, learned counsel for complainant as well as Sri Hari Pratap Gupta, learned AGA for the State and perused the record.

(2.) This criminal appeal has been preferred by Kaka and Sushil under Section 374(2) Cr.P.C. against judgment and order dated 24.12.2007 passed by Additional Session Judge, Fast Track Court No. 5, Saharanpur passed in Session Trial No. 31 of 2007(State vs. Kaka and Sushil) arising out of Case Crime No.193 of 2006, Police Station Nagal, District Saharanpur whereby Kaka and Sushil were convicted under section 304 Part-1I IPC and sentenced to six years' rigorous imprisonment with fine of Rs.1000/- each and in default in deposition of fine, they have to undergo additional three months imprisonment.

(3.) In the nutshell, according to prosecution case, complainant Dharamveer lodged FIR against Sonu @ Nati, Kaka and Sushil alleging that on 3.10.2006 at 8:30 P.M. on some dispute they assaulted Babloo (son of complainant) mercilessly. Doctor declared him brought dead to the hospital.