Anant Kumar, J. - (1.) Since both appeal and revision have arisen out of the same judgment and are connected with each other, therefore both are being decided together with a common judgment.
(2.) This criminal appeal under Sec. 374 Cr.P.C. has been filed by the accused Rajesh against the judgment and order dated 10.08.2005, passed by the learned Additional District and Special Sessions Judge (E.C. Act), Sitapur in S.T. No. 517 of 2001, Crime No. 157 of 2000, under Sec. 302 I.P.C. and S.T. No. 5 of 2004, Crime No. 2 of 2001, under Sec. 25(1 -B) Arms Act, Police Station Muchhrehta, District Sitapur, whereby the accused appellant Rajesh was convicted under Sec. 302 I.P.C. and was sentenced for life imprisonment and also with fine of Rs. 3,000/ -. In default of payment of fine, he was further directed to undergo an additional imprisonment of six months. Accused persons Vijay, Shiv Bhagwan, Shiv Dayal, Pandit, Rajendra and Turran were acquitted under Sec. 302/34 I.P.C. Accused Vijay was further acquitted under Sec. 25(1 -B) of Arms Act.
(3.) Aggrieved with his conviction, accused Rajesh has filed Criminal Appeal No. 1075 of 2005, whereas aggrieved with the acquittal of other accused persons, complainant Brij Lal has filed Criminal Revision No. 550 of 2005.;