IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Appeal No. 1688 of 2001

(Old No. 1553 of 1997)

1.

Ram Swarup

S/o Shri Sunder Lal

R/o Lambarpur Par Farm, Shyampur

Khadri, P.S. Rishikesh

District Dehradun

2.

Pappu @ Satya Prakash

S/o Shri Anand Prakash

R/o Town Rudraprayag, District Chamoli

……….Appellants

(In Jail)

Versus

State of U.P. (now State of Uttarakhand)

…………Respondent

Shri Lokendra Dobhal, Advocate, present for the appellants.

Shri M.A. Khan, and Shri B.S. Parihar, Brief Holders, present for the

state.

Hon’ble Prafulla C. Pant, J.

This appeal , preferred under section 374 of

Code of Criminal Procedure, 1973, (for short

Cr.P.C) is directed against the judgment and order

dated 29.08.1997 passed by Sessions Judge, Tehri

Garhwal, in Sessions Trial No. 11 of 1996

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whereby said court has convicted the appellants

namely Ram Swarup and Pappu @ Satya Prakash,

under section 376 and 323 read with section 34 of

Indian Penal Code, 1860 (for short I.P.C.). Each one

of them has been sentenced by the trial court to