- (1.) We have heard Sri Gopal Saran Chaturvedi, learned Senior Advocate assisted by Sri Samit Gopal and Sri Vibhu Shanker, Advocates on behalf of the appellants and Sri Arunendra Singh, learned Additional Government Advocate for the State-respondent. This criminal appeal is directed against the judgment and order dated 23rd July, 2011 passed by the Additional Sessions Judge, Court No.-13, Varanasi in Session Trial No. 299 of 2010 (State of U.P. v. Tomaso Bruno and Another) arising out of case Crime No. 34 of 2010 under Section 302 read with Section 34 of the Indian Penal Code, Police Station-Chetganj, District Varanasi.
(2.) Under the judgment, both the appellants before this Court have been convicted of an offence under Section 302 read with Section 34 of the Indian Penal Code and have been sentenced with life imprisonment and fine of Rs. 25,000/- each, in case of default to undergo imprisonment for one more year.
(3.) The case of the prosecution, as reflected from the records, is as follows: Accused, Tomaso Bruno and Elisa Betta Bon Compagni along with deceased Francesco Montis, all of Italian nationality, hired a room in Hotel Buddha situate at Ram Katora, Police Station Chetganj, District Varanasi on 31st January, 2010 at 05:00 p.m. They were allotted room No. 459. The condition of Italian tourist, Francesco Montis deteriorated and for that reason, his remaining two companions took him to the S.S.P.G. Hospital, Varanasi at 08:00 a.m. on 4th February, 2010. The doctors at the said hospital declared Francesco as brought dead.;