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2003 Supreme(SC) 10

S.N.VARIAVA, B.N.AGARWAL
Shailendra Pratap – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

B.N. Agrawal, J.-The appellants along with accused Surendra Pratap Chand and Kaushalendra Shahi were charged and tried for offences punishable under Section 148/302/307/324/394 of the Penal Code but were acquitted of all the charges by trial Court. On appeal being preferred by the State of Uttar Pradesh, the High Court reversed the order of acquittal in relation to both the appellants and convicted them under Section 302 read with Section 34 of the Penal Code and sentenced to undergo imprisonment for life. They have been further convicted under Section 307 read with Section 34 and Section 324 read with Section 34 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of five years and one year respectively. Appellant No. 1 has been also convicted under Section 394 of the Penal Code and sentenced to undergo rigorous imprisonment for five years. The sentences, however, have been ordered to run concurrently. So far the other two accused persons are concerned, the order of acquittal passed by the trial court has been upheld.

2. Prosecution case, in short, is that both the appellants are the sons of accused Surendra Pratap Chand and ac



















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