RAM AVTAR Vs. STATE OF U P

JUDGEMENT

(1.) Both the aforesaid criminal appeals arise out of a common judgment, hence the same are being disposed of together.

(2.) Heard Mr. Umesh Kumar Dubey, learned amicus curiae for appellant Ram Autar, Mr. Nirmal Singh Dubey, learned counsel for appellant Mangu Lal, Ms. Ruhi Siddiqui, learned A.G.A. for the State and perused the lower court record.

(3.) Criminal Appeal No. 467 of 2016 has been preferred by appellant Ram Autar and Criminal Appeal No. 85 of 2016 has been preferred by appellant Mangu Lal challenging the judgment and order dated 8.1.2016 passed by learned Additional Sessions Judge, Mohammadi Lakhimpur Kheri in Sessions Trial No. 425 of 2007 and Sessions Trial No. 426 of 2007 arising out of Case Crime No. 879 of 2006 under Sections 302 and 449 I.P.C. and Case Crime No. 530 of 2007 under Section 3/25 of the Arms Act, Police Station Pasgawan, District Kheri whereby both the appellants have been convicted under Section 302/34 I.P.C. and have been sentenced with imprisonment for life and also with fine of Rs. 10,000/- each with default stipulation of two months additional imprisonment. For the offence under Section 449 I.P.C., they were further convicted and sentenced with ten years rigorous imprisonment and also with fine of Rs. 5,000/- each with default stipulation of two months additional imprisonment. Appellant Ram Autar in connected Sessions Trial No. 426 of 2007 was further convicted under Section 3/25 of the Arms Act and was sentenced with three years imprisonment and also with fine of Rs. 2,000/- with default stipulation of one month additional imprisonment. All the sentences were directed to run concurrently.