- (1.) Since both these appeals i.e. (Criminal Appeal No.93 of 2015-Mohd. Umar V. The State of U.P.) and (Criminal Appeal No.283 of 2015- Rafeeq V. The State of U.P.) arise out of a common judgment, therefore, the same are being disposed of by a common judgment.
(2.) Sri Atul Verma, learned counsel for the appellants and Sri Umesh Verma, learned Additional Government Advocate were heard.
(3.) Criminal Appeal No.93 of 2015 has been preferred by the appellant-Mohd. Umar and Criminal Appeal No.283 of 2015 has been preferred by the appellant Rafeeq challenging the judgment and order dated 13.01.2015 passed by learned Additional Sessions Judge, Court No.7, Sitapur, in Sessions Trial No.692 of 2004, arising out of Case Crime No.2170 of 2003, Police Station Kotwali, District Sitapur, whereby both the appellants were convicted and sentenced as under:- (i) Under Section 302/149 IPC- Imprisonment for life alongwith fine of Rs.10,000/- each with default stipulation of one year additional imprisonment. (ii) Under Section 307/149 IPC- Ten years' rigorous imprisonment alongwith fine of Rs.5000/- each with default stipulation of three months additional imprisonment. (iii) Under Section 452 IPC- Seven years' rigorous imprisonment alongwith fine of Rs.3000/- each with default stipulation of two months' additional imprisonment. (iv) Under Section 147 IPC- Two years' rigorous imprisonment alongwith fine of Rs.500/- each with default stipulation of one month additional imprisonment. (v) Under Section 148 IPC- Three years' rigorous imprisonment alongwith fine of Rs.500/- each with default stipulation of one month additional imprisonment.;