Surendra Vikram Singh Rathore, J. - (1.) SMT . Soniya Mishra, Advocate holding brief of Sri Rajiv Mishra, learned counsel for the appellants and Sri Sharad Dixit, learned Additional Government Advocate were heard.
(2.) SINCE both these appeals i.e. (Criminal Appeal No. 1875 of 2003 -Kamlesh Mallah) and (Criminal Appeal No. 1874 of 2003 -Munshi V State of U.P.) arise out of a common judgment, therefore, the same are being disposed of with a common judgment. Criminal Appeal No. 1874 of 2003 has been preferred by the appellant -Munshi and Criminal Appeal No. 1875 of 2003 has been preferred by the appellant Kamlesh Mallah challenging the judgment and order dated 30.10.2003 passed by learned Additional Sessions Judge, Court No. 5, Unnao, in Sessions Trial No. 166 of 2002, arising out of Case Crime No. 297 of 2001, Police Station Safipur, District Unnao, whereby the appellant Kamlesh Mallah was convicted for the offence under Section 302 IPC and was sentenced with imprisonment for life and also with fine of Rs. 5000/ - with default stipulation of one year rigorous imprisonment. Appellant Munshi was convicted for the offence under Section 307 IPC and was sentenced with rigorous imprisonment for a period of five years and also with fine of Rs. 5000/ - with default stipulation of six months additional imprisonment. Both the sentences were directed to run concurrently.
(3.) HOWEVER , the appellant Munshi was acquitted of the charge under Sections 147, 148 and 302 read with 149 IPC. Alongwith aforesaid two appellants three more accused persons namely Durga, Sundar and Manoj were also tried in the same session trial. However, they have been acquitted of all the charges levelled against them.;