Raghvendra Kumar, J. - (1.) CRIMINAL Appeal No. 5256 of 2011 has been filed by appellant Purnesh Chandra Pandey s/o Krishna Nand Pandey, Criminal Appeal No. 6148 of 2011 has been filed by appellant Budh Raj Yadav alias Baba s/o Shri Bhagwan Din Yadav, Criminal Appeal No. 5349 of 2011 has been filed by Kumari Asha Pandey daughter of Krishna Nand Pandey, Criminal Appeal No. 5649 of 2011 has been filed by appellants Yamuna Singh @ Pappu Singh s/o Chandra Pal Singh Parihar,, Gauri Shankar Shukla @ Fauji @ Chhabiram s/o Ram Jiyawan and Yaduraj @ Santosh Yadav s/o Ramraj Yadav and Criminal Appeal No. 6131 of 2011 has been filed by Indrajeet alias Jitu alias Jitendra son of Ram Saran Kachhi.
(2.) ALL these appeals are directed against the judgment and order dated 27.8.2011 passed by learned Additional Sessions Judge (Temporary Ex -Cadre Post) Court No. 2, Fatehpur in S.T. Nos. 203 of 1999, 327 of 1999 and 699 of 2006 arising out of case crime No. 77 of 1999 under sections 364 -A, 302/149, 201 and 120 -B I.P.C., Police Station Kotwali, District Fatehpur whereby all the appellants, namely, Purnesh Chandra Pandey, Buddh Raj Yadav @ Baba, Gauri Shankar Shukla alias Fauji alias Chhabiram have been convicted for the offence under section 364 -A I.P.C. and sentenced to imprisonment for life with a fine of Rs. 5000/ - each, with default stipulation for six months additional simple imprisonment. Further accused appellant Purnesh Chandra Pandey, Buddh Raj Yadav alias Baba have also been convicted for the offence under section 302/149 I.P.C. and have been sentenced to imprisonment for life and fine of Rs. 10,000/ -each, along with default stipulation for six months additional simple imprisonment. The accused appellants Purnesh Chandra Pandey and Buddh Raj Yadav alias Baba have also been convicted for the offence under section 201 I.P.C. and have been sentenced with R.I. for five years along with fine of Rs. 5000/ - each, with default stipulation of six months additional simple imprisonment. Accused appellant Gauri Shankar Shukla alias Fauji alias Chhbiram has been acquitted for the offence under section 302 read with 149 and 201 I.P.C. Accused appellant Km. Asha Pandey has been convicted for the offence of criminal conspiracy for committing the offence under section 120 -B I.P.C. and has been sentenced to imprisonment for life and a fine of Rs. 10,000/ - with default stipulation of 6 months additional simple imprisonment. Accused appellant Yaduraj alias Santosh Yadav has been convicted for the offence under section 364 -A I.P.C. and sentenced to life imprisonment along with a fine of Rs. 5000/ - with default stipulation for six months additional simple imprisonment. Accused appellant Yaduraj alias Santosh has further been convicted for the offence under section 302 read with 149 I.P.C.and has been sentenced to imprisonment for life and fine of Rs. 10,000/ - with default stipulation of 6 months additional simple imprisonment. The accused appellant Yaduraj alias Santosh has further been convicted for the offence under section 201 I.P.C.and sentenced to R.I. for five years along with fine of Rs. 5000/ - with default stipulation for six months additional simple imprisonment. Accused appellant Indrajeet @Jeetu alias Jitendra has been convicted for the offence under section 364 -A and has been sentenced to imprisonment for life along with fine of Rs. 5000/ - with default stipulation of six months additional simple imprisonment. Accused appellant Indrajeet alias Jeetu alias Jitendra has been acquitted for the offence under section 302 read with 149 and Section 201 I.P.C. Accused appellant Yamuna Singh alias Pappu Singh has been convicted for the offence under section 364 -A and has been sentenced to imprisonment for life along with fine of Rs. 5,000/ - with default stipulation of six months additional simple imprisonment. Accused appellant Yamuna Singh alias Pappu Singh has been acquitted for the offence under section 302 read with 149 and 201 I.P.C. The learned court below directed that the sentences which were inflicted on different accused -appellants shall run concurrently. Sessions Trial No. 203 of 1999 was instituted against the accused appellants Purnesh Chandra Pandey son of Krishna Nand Pandey, Buddh Raj Yadav @ Baba s/o Bhagwan Deen Yadav, Gauri Shanker Shukla @ Fauji alias Chhabi ram s/o Ram Jiyawan and Km. Asha Pandey daughter of Krishnanad Pandey. S.T. No. 327 of 1999 was instituted against the accused Yadjuraj alias Santosh Yadav s/o Ram Raj Yadav and Indrajeet @ Jeetu @ Jitendra son of Ram Sharan Kachhi. S.T. No. 699 of 2006 was instituted against the accused appellant Yamuna Singh alias Pappu Singh son of Chandrapal Singh. All these Sessions Trials owed their genesis from case crime No. 77 of 1999 registered under sections 364 -A, 302/149, 201 and 120 -B I.P.C., Police Station Kotwali, District Fatehpur. All these cases were consolidated by learned trial court vide order dated 12.5.2008 and S.T. No. 203 of 1999 was made leading case vide order dated 27.8.2011. All these S.Ts cases were disposed of by a common judgment and order as all these sessions trials arise out of the same offence.
(3.) ALL these appeals referred above are directed against the judgment and order dated 27.8.2011 passed by learned Additional Sessions Judge(Temporary Ex -Cadre Post) Court No. 2, Fatehpur in S.T. No. 203 of 1999 which has been treated as a leading case. As such, these appeals are being disposed of by this Court by a common judgment and order.;