KITAB SINGH AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) The Criminal Appeal No. 5921/06 (Kitab Singh v/s. State of U.P.), connected with Criminal Appeal No. 4979/06 (Leela v/s. State of U.P.), Criminal Appeal No. 5878/06 (Moola v/s. State of U.P.) and Criminal Appeal No. 1044 of 2011(Veerendra & Another v/s. State of U.P.) have been preferred against the same judgment and order of conviction and sentence vide order dated 31.7.2006 passed by learned Additional District Judge, Court No. 2, Mathura in S.T. 100/2004 arising out of Case Crime No. 105/03 under Ss. 147, 148, 149, 302, 307 I.P.C. P.S. Farah, District Mathura and S.T. No. 101/04 under Sec. 25 Arms Act arising out of Case Crime No. 111/02, hence all the appeals are being heard and decided jointly by a common order.

(2.) Appellants Moola, Leela, Mahesh, Veerendra and Kitab Singh were convicted under Sec. 148 I.P.C. for two years' R.I. with fine of Rs. 1000/ - and in default one month's further R.I., life imprisonment under Sec. 302 I.P.C. read with Sec. 149 I.P.C. with fine for a sum of Rs. 10,000/ - and in default two years' further R.I. and under Sec. 302 I.P.C. read with Sec. 149 I.P.C. ten years' R.I. with fine for a sum of Rs. 5000/ -and in default one month's further R.I. However, the accused appellant Mahesh was convicted and sentenced for one year's R.I., under Sec. 25 of the Arms Act with fine of Rs. 1000/ - and in default one month's further R.I. However, direction was that all the sentences would run concurrently.

(3.) Shri Ali Hasan and Shri Ishtiyaq Ali, learned counsel appeared on behalf of the appellants, Sri Chandrajeet Yadav, learned A.G.A. appeared on behalf of the State.