- (1.) The instant appeal, filed on behalf of the accused-appellant, is directed against the impugned judgment and orders dated 22.3.2010 passed by Sri J.P Tiwari, Additional Sessions Judge, Court No.2, Mirzapur in Session Trial No.79 of 2006, (State Vs. Ramashankar and others), whereby the appellants have been convicted under sections 498-A,304-B and 201 I.P.C and sentenced to undergo rigorous imprisonment of one year with fine of Rs.5, 000/-,10 years and two years with fine of Rs.2,000/-,respectively. In default of payment of fine they have been further directed to undergo rigorous imprisonment of six months.
(2.) Heard Sri R.C. Yadav, learned counsel for the appellants, Sri Raj Bahadur, learned A.G.A for the State-respondent and perused the record.
(3.) On behalf of the appellants, the learned counsel has submitted that the learned Trial Judge has not appreciated the evidence in proper perspective and erroneously held the appellants guilty by placing reliance on the vague statements of prosecution witnesses. He has further submitted that F.I.R has been lodged with delay. According to him the sentences awarded by the learned Trial Judge are harsh and he has not considered mitigating circumstances of the case.;