DINESH PATHAK,JJ. - (1.) Heard Sri Rajrshi Gupta assisted by Sri Manish Kumar and Ms. Shambhavi Gupta learned Advocates for the appellants, Sri L.D. Rajbhar and Sri Prem Shankar Mishra learned A.G.A.(s) for the State.
(2.) This appeal is directed against the judgment and order dated 19.2.2011 passed by the Special Judge Dacoity Prohibition Area, Jhansi in Sessions Trial No.53 of 1998 arising out of Case Crime no.42 of 1998 under Sections 147, 148, 396 read with Sections 149 and 412 IPC, as also in the Sessions Trial No.46 of 1998 arising out of Case crime nos.52 and 53 of 98 under Section 25 Arms Act, P.S-Punchh, District Jhansi.
(3.) The appellants herein (7 in number) have been sentenced for life imprisonment for the offence under Section 396 taking aid of Section 149 IPC along with Rs.3000/- as fine. In case of default in payment of fine, the appellants have to undergo six months of additional rigorous imprisonment. They have also been sentenced for three years simple imprisonment for the offence under Section 148 IPC. Four appellants Ratan Lal, Khadak Singh, Jitendra Kumar and Dinesh Kumar have been sentenced for life imprisonment alongwith fine of Rs.2000/- for the offence under Section 412 I.P.C. In case of default in payment of fine, they have to undergo additional six months of rigorous imprisonment. Appellants Ratan Lal and Khadak Singh have been sentenced for three years imprisonment along with fine of Rs.2000/- under Section 25 Arms Act and in case of default in payment of fine they have to undergo three months additional imprisonment. All the punishments are to run concurrently.;