Bala Krishna Narayana and Arvind Kumar Mishra-.I., JJ. - (1.) The arguments of this case concluded on 24.08.2016. Following order was passed by us on that date: Heard Sri Ambrish Kumar, Sri Gopeshwar Sahai Bisaria, learned counsel for the appellants, Shri A.N. Mulla, Sri Saghir Ahmad, learned AGA for the State and Smt. Manju Thakur, Syed Hasan Shaukat Abid, State Law Officer. We will give reasons later but we make the operative order now. The appeal is allowed. Impugned judgment and order dated 29.09.2007 passed by Dr. A.K. Singh, Additional Sessions Judge/Fast Track Court No. 1, Kanpur Nagar in Session Trial No. 552 of 2005 (State v. Mohd Ashraf and others) convicting the appellant under Sections 302/34, 201/34, 392, 412 IPC., are hereby set aside. The appellants are acquitted of all the charges framed against them. Appellant are in jail. They shall be released forthwith unless and until they are wanted in any other case. There shall be no order as to cost. Here are the reasons:-
(2.) This appeal has been preferred by the three appellants Mohd. Ashraf, Mohd. Aslam and Sanu @ Billa Deen against the judgment and order of conviction dated 29.09.2007 passed by Additional Sessions Judge, Fast Track Court No.1, Kanpur Nagar, in Sessions Trial No.552 of 2005, under Sections 302, 201, 392, 412 IPC arising out of Case Crime No.90 of 2005, Police Station Rail Bazar, District Kanpur Nagar, whereby all the three appellants have been sentenced to imprisonment for life under Section 302/34 IPC coupled with fine Rs.5000/-, default stipulation prescribes six months' additional imprisonment, three years rigorous imprisonment coupled with fine Rs.5000/- under Section 201/34 IPC, default stipulation prescribes six months' additional imprisonment, three years rigorous imprisonment coupled with fine Rs.5000/- under Section 392 IPC, default stipulates six months' additional imprisonment and two years rigorous imprisonment coupled with fine Rs.2000/- under Section 412 IPC, default stipulation directs three months' additional imprisonment. All the aforesaid sentences to run concurrently.
(3.) We have heard Sri Ambrish Kumar, learned counsel for the appellants, Sri Gopeshwar Sahai Bisaria, learned amicus curiae for appellant Sanu @ Billa Deen and Sri Saghir Ahmad, learned AGA for the State and perused the record of the appeal.;