- (1.) The instant appeal filed under section 374(1) Cr.P.C. on behalf of the appellants, is directed against the judgment and orders dated 5th February, 2010 passed by Sri Bhudev Gautam, Additional Sessions Judge, Fast Track Court No. 5, Bareilly in S.T. No. 94 of 2009 (State v. Anuj Kumar and others), whereby all the four appellants have been convicted under sections 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/- failing which to further undergo imprisonment of one year. Appellant no. 2 Ashutosh Kumar @ Ashu has also convicted under section 27 Arms Act and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 5,000/- failing which to further undergo imprisonment of six months. Appellant no. 3 Rakesh Kumar has been convicted under section 30 Arms Act and sentenced to undergo rigorous imprisonment of six months, sentences of appellant nos.2 and 3 have been directed to run concurrently.
(2.) Heard Sri Dharmendra Dhar Dubey, learned counsel for the appellants, Sri A.N. Mulla, learned Additional Government Advocate for the State and perused the paper book.
(3.) The facts giving rise to the present appeal may be summarised as under:-;