AMAR SARAN,J. - (1.) CRIMINAL Appeal No. 4623 of 2004 has been filed by Nandu alias Nand Lal against his conviction under Sections 364 -A and 201 IPC and 4/25 of the Arms Act. Criminal Appeal No. 4622 of 2004 has been filed by Indrajit Mallah against his conviction under Sections 364 -A and 201 IPC. Criminal Appeal No. 4624 of 2004 has also been filed by Indrajit Mallah against his conviction under Section 4/25 of the Arms Act. Referred Case No. 2 of 2004 under Section 366 of Code of Criminal Procedure has also been sent by the trial Court for confirmation of the death sentence awarded to the appellants.
(2.) THE aforesaid criminal appeals and referred case under Section 366 of Code of Criminal Procedure are connected and being disposed of by this common judgment. The aforesaid criminal appeals have been filed by the appellants against the judgment and order dated 13 -1 -2004 passed by the Additional District and Sessions Judge/Fast Track Court No. 4, Kanpur Nagar in ST No. 519 of 2002 convicting and sentencing the appellants to a sentence of death and a fine of rupees ten thousand each under Section 364 -A IPC and seven years imprisonment and a fine of rupees one thousand each under Section 201 IPC.
(3.) THERE were two other STs before the learned Additional Sessions Judge, i.e. ST No. 518 of 2002 in the case of Nandu alias Nand Lal and ST No. 520 of 2002 in the case of Indrajit Mallah under Section 5/25 of the Arms Act, which were connected by the learned Judge with ST No. 519 of 2002. The appellants were also awarded three years imprisonment under Section 5/25 of the Arms Act and a fine of rupees five hundred each and in case of default of payment of fine in all the three cases, the appellants were to undergo additional imprisonment of one year. No separate sentence was, however, awarded under Section 302 IPC as offence under Section 302 was assimilated in the offence under Section 364 -A IPC. The sentences were to run concurrently.;