- (1.) Heard Sri V.P. Srivastava, learned senior Advocate assisted by Sri Ranjay Singh, learned counsel for the appellants, Sri J.K. Upadhyay, Kumari Meena and Rahul Asthana, learned A.G.A. for the State.
(2.) The appellants, Babu Ram (A1), son of Thothi Deen, Bhaiya Lal, Hira Lal (A2 & A3) both sons of Jayanti, and Jharihag (A4) son of Vega and Baba alias Rai Sahab Yadav have approached this Court under Section 374(2) Cr.P.C. by filing this appeal challenging the veracity and sustainability of their conviction and sentence order dated 9.7.2008 recorded by Addl. Sessions Judge, Court no. 3, Jaunpur in S.T. No. 333 of 1991, arising out of Case Crime no. 178 of 1989, police station-Baksha, district-Jaunpur, under Sections 147, 148, 302/149, 307/149 I.P.C.
(3.) Learned trial Judge after collating the evidences tendered before it during the session trial and summuating the facts and circumstances convicted appellant, Babu Ram (A1) under Sec tion 148, 302 read with 149 and 307 I.P.C, appellant Jharihag (A4) under Sections 148, 302, 307/149 I.P.C, appellants, Bhaiya Lal and Hira Lal (A2 & A3) under Sections 147, 302/149, 307 read with section 149 I.P.C. and sentenced Babu Ram (A1) to one month simple imprisonment and a fine of Rs. 2000/- and in default of payment of fine three months' additional simple imprisonment under Section 148 I.P.C, 10 years simple imprisonment together with fine of Rs. 10,000/- and in default of payment of fine 6 months' additional simple imprisonment under section 307 I.P.C. and imprisonment for life and a fine of Rs. 10,000/- and in default of payment of fine 6 months' simple imprisonment under Section 302/149 I.P.C, A4 Jharihag to one year simple imprisonment and a fine of Rs. 2000/- and in default of payment of fine 3 months' additional simple imprisonment under Section 148 I.P.C, 10 years' simple imprisonment and a fine of Rs. 10,000/- and in default of payment of fine 6 months' additional simple imprisonment, under Section 307/149 and imprisonment for life and a fine of Rs. 10,000/- and in default of payment of fine additional simple imprisonment of 6 months, under Section 302/149 I.P.C. and A2 and A3, Bhaiya Lal and Hira Lal to one year simple imprisonment and a fine of Rs. 2000/- each and in default of payment of fine additional simple imprisonment for three months' under section 148 I.P.C. 10 years' simple imprisonment and a fine of Rs. 10,000/- and in default of payment of fine additional simple imprisonment for 6 months' under Section 307/149 I.P.C. and imprisonment for life together with fine of Rs. 10,000/-each and in default of payment of fine additional simple imprisonment for 6 months under Section 302/149 I.P.C.;