HONBLE SURENDRA KUMAR, J. - (1.) HEARD Sri P.N.Misra, Senior Advocate assisted by Sri Dharemendra Singhal, Sri S.P.Tiwari learned counsel for the appellants, Sri Arunendra Singh, Sri M.S.Yadav, Sri Anand Tiwari, learned A.G.A. appearing on behalf of the State of U.P.
(2.) THE instant capital appeals arise out of a common judgment and order, therefore, are decided together by a common judgment. The aforesaid capital appeals have been preferred by the ten accused persons (who are appellants herein) namely Ramesh Pal Singh, Ajay Pratap @ Pappu, Kayam Singh, Surjan Singh, Rakesh @ Bhola, Lalu @ Randhir, Sanju @ Sanjay, Sukhpal, Tejpal @ Mukhiya and Pappu @ Jai Pal Singh against the judgment and order dated 8.6.2011 passed by the Additional Sessions Judge/ Special Judge, (Dacoity Affected Areas), Etah, in Session Trial No.23 of 2010 State Vs. Ramesh Pal Singh and others arising out of Case Crime No.468 of 2008, Police Station Jalesar, District Etah and Session Trial No.21 of 2010 State Vs. Rakesh @ Bhola arising out of Case Crime No.471 of 2008, under Section 30 Arms Act, Police Station Jalesar, District Etah whereby each of the appellants has been convicted under Sections 148 and 302 read with Section 149 IPC and sentenced to undergo three years rigorous imprisonment under Section 148 IPC and further sentenced to death with fine of Rs.10,000.00 each under Section 302 read with Section 149 IPC. In default of payment of fine, further to undergo three months additional imprisonment. Appellant Rakesh @ Bhola has also been convicted under Section 30 Arms Act and sentenced to undergo one year imprisonment. All the sentences have been directed to run concurrently. Out of the fine so realized, a sum of Rs.50,000.00 has been directed to be paid as compensation to the complainant/first informant Smt. Laxmi Devi and her daughter Km. Arti.
(3.) NARENDRA Pal one of the accused persons has been acquitted by the trial court vide impugned judgment and order dated 8.6.2011 under Sections 148 and 302 read with Section 149 IPC.;