- (1.) Criminal Appeal No. 582 of 2007 has been preferred by appellant Waris Ali and Criminal Appeal No. 583 of 2007 has been preferred by appellant Puttu. Since both the aforesaid criminal appeals arise out of the same judgment, therefore, the same are being disposed of by a common judgment.
(2.) Heard Mr. Firoz Ahmad Khan, and Mr. Raj Bux Singh, learned counsel for the appellants, Mr. Umesh Verma, learned A.G.A. for the State and perused the lower court record.
(3.) Under challenge in this appeal is the judgment and order dated 14.2.2007 passed by learned Special Judge (SC/ST) Act, Faizabad in Sessions Trial No. 453 of 2003 and Sessions Trial No. 57 of 2005 arising out of Case Crime No. 216 of 2003, Police Station Khandasad, District Faizabad whereby the accused appellants were convicted and sentenced as under:- (i) Under Section 366 I.P.C. with rigorous imprisonment for a period of seven years and also fine of Rs. 5,000/- with default stipulation of six months additional imprisonment. (ii) Under Section 376 (2)(g) I.P.C., they were sentenced with imprisonment for life and also with fine of Rs. 10,000/- with default stipulation of one year additional simple imprisonment. However, the appellants were acquitted of the charge under Section 3 (1) (xii) of the SC/ST Act.;