Imtiyaz Murtaza, J. - (1.) Since all the appeals arises out of judgment and order dated 5.8.2003 passed by Additional Sessions Judge, Court No. 1, Bareilly in S.T. No. 855 of 2001, therefore all the appeals are decided by this common judgment.
(2.) Criminal appeal No. 4648 of 2004 has been filed by the appellants Balwant and Chandra Pal r/o Village Dunda Junuvi P.S. Baheri, District Bareilly against their conviction in S.T.No. 855/2001 whereby the appellants have been convicted under Sections 302/34 I.P.C. and sentenced to death and under Sections 307/34 I.P.C. to undergo rigorous imprisonment for ten year and fine of Rs. 5,000/- and in default of fine six months further rigorous imprisonment.
(3.) Criminal appeal No. 3749 of 2003 has been filed by the appellants Nem Chand s/o Nanhe Mal r/o Dunda Junevi, P.S. Baheri, District Bareilly and Jogendra s/o Har Prasad r/o Pununagar P.S. Sheshgarh, District Bareilly in S.T. No. 855/2004 under Sections 302/34 I.P.C. and sentenced to undergo rigorous imprisonment for life and fine of Rs. 10,000/- and in default of payment of fine one year further rigorous imprisonment and under Section 307/34 I.P.C. sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 5,000/- and in default of payment for fine six months further rigorous imprisonment and Government Apepal No. 6180 of 2003 preferred by the State of U.P. against and acquittal of respondents Brahm Swaroop s/o Roop Chand r/o Khamriya P.S. Sheshgarh, District Bareillly and Jagdish Baggar s/o Bache Lal r/o Himkarpur Ramrua, P.S. Nawabganj, Bareilly whereby the respondents have been acquitted in S.T. No. 855/2001 under Sections 148, 302, 149, 307, 396, 412 I.P.C. and Section 25 Arms Act.;