Surendra Vikram Singh Rathore, J. - (1.) Criminal Appeal No. 2369 of 2006 has been preferred by appellants Maiku, Kamlesh and Rampal and Criminal Appeal No. 2373 of 2006 has been preferred by Ram Gopal challenging a common judgment, therefore, the same are being decided together.
(2.) Mr. Arun Sinha, learned counsel for the appellants, and Mr. Umesh Verma, learned A.G.A. for the State were heard at length.
(3.) Under challenge in both the appeals is the judgment and order dated 6.11.2006 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Sitapur in Sessions Trial No. 803 of 1999, arising out of Case Crime No. 121 -A of 1999, Police Station Kamlapur, District Sitapur whereby appellants Ram Gopal, Maiku, Kamlesh and Rampal were convicted for the offence under Sec. 302/34 I.P.C. and were sentenced with imprisonment for life and also with fine of Rs. 5,000/ - each with default stipulation of six months additional simple imprisonment. However, appellants were acquitted of the charges under Sec. 307/34 I.P.C. and accused Udan and Munnu were acquitted of the charges under Sec. 120 -B and 201 I.P.C.;