VIJAY KUMAR YADAV AND ORS. Vs. STATE OF U.P.
LAWS(ALL)-2016-2-18
HIGH COURT OF ALLAHABAD
Decided on February 03,2016

Vijay Kumar Yadav And Ors. Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Surendra Vikram Singh Rathore, J. - (1.) Sri Dhirendra Kumar Mishra, learned counsel for the appellants and Sri Sharad Dixit, learned Additional Government Advocate for the State were heard. We have also perused the material available on record.
(2.) All the three criminal appeals i.e. [Criminal Appeal No. 82 of 2008 - Vijay Kumar Yadav and Others V. State of U.P.], [Criminal Appeal No. 2963 of 2007 -Smt. Malti Pandey V. State of U.P.] and [Criminal Appeal No. 14 of 2008 -Ram Jiyawan Pandey] arise out of the same judgment, therefore, the same are being disposed of together.
(3.) Instant criminal appeals have been preferred by the appellants -Vijay Kumar Yadav, Vatika Yadav, Pawan Kumar Yadav, Smt. Malti Pandey and Ram Jiyawan Pandey challenging the judgment and order dated 14.12.2007 passed by learned Additional Sessions Judge/F.T.C. -III, Faizabad, in Sessions Trial Nos. 264 of 2006 and 212 of 2006 arising out of Case Crime No. 19 of 2006, Police Station Bikapur, District Faizabad whereby all the appellants were convicted and sentenced as under: "(i) Under Sec. 302 IPC - Imprisonment for life with fine of Rs. 5000/ - each, with default stipulation of one year's additional imprisonment. (ii) Under Sec. 364 IPC - 10 years' rigorous imprisonment with fine of Rs. 3000/ - each, with default stipulation of six months' additional imprisonment. (iii) Under Sec. 307 IPC - 7 years' rigorous imprisonment with fine of Rs. 2000/ - each, with default stipulation of six months' additional imprisonment. (iv) Under Sec. 201 IPC - One year's imprisonment with fine of Rs. 1000/ - each, with default stipulation of two months' additional imprisonment." All the appellants were convicted under Sec. 147 IPC and they were sentenced to undergo six months' imprisonment. Appellants Vijai Kumar Yadav, Vatika Yadav and Pawan Kumar Yadav were also convicted under Sec. 148 IPC and were sentenced to undergo one year's imprisonment with fine of Rs. 500/ -, with default stipulation one month's additional imprisonment.;


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