- (1.) HEARD Sri Arvind Kumar Singh, learned counsel for appellant nos. 1 and 2, Tara Chand and Vinod, Sri R.P. Mishra, learned counsel for appellant no.3 Suresh @ Lile, Sri Sarvesh Kumar, Advocate holding brief of Sri Brijesh Sahai, learned counsel on behalf of the informant and learned Additional Government Advocate for the State- respondent.
(2.) THE present criminal appeal is directed against the judgment and order of the Additional District and Sessions Judge (FTC), Ghaziabad dated 1st May, 2009 passed in Sessions Trial No. 1083 of 2002 (State Vs. Tara Chand and Others) under Sections 364, 302 and under Section 201 of the Indian Penal Code, Police Station, Bhojpur, District Ghaziabad. Under the impugned judgment, appellant no.1 Tara Chand has been convicted of an offence under Section 364 of the Indian Penal Code and has been sentenced with rigorous imprisonment of 10 years with fine of Rs. 2000.00, in case of default a further imprisonment of one month. He, along with appellant nos. 2 and 3, Vinod and Suresh @ Lile, has also been convicted of an offence under Section 302/34 of the Indian Penal Code and has been sentenced with life imprisonment with fine of Rs. 5000.00 each, in case of default, a further imprisonment of two months. They have also been convicted of an offence under Section 201/34 of the Indian Penal Code and have been sentenced with 5 years rigorous imprisonment with fine of Rs. 1000.00, in case of default a further imprisonment of 15 days. The sentences have been directed to run concurrently.
(3.) PROSECUTION stories, as reflected from the records of the present criminal appeal, are as follows:;