Surendra Vikram Singh Rathore, J. - (1.) Mr. Atul Verma and Mr. Anil Kumar Awasthi, learned counsel for the appellants, and Mr. Umesh Verma, learned AGA for the State, were heard at length.
(2.) Since both these criminal appeals arise out of a common judgment hence the same are being disposed of together.
(3.) Under challenge in the aforesaid appeals is the judgment and order dated 30.10.2013 passed by Additional District and Sessions Judge, Court No. 8, Lucknow, in Sessions Trial No. 367 of 2012 arising out of Case Crime No. 498 of 2011, which was tried along with Sessions Trial No. 368 of 2012 arising out of case Crime No. 697 of 2011 and Sessions Trial No. 369 of 2012 arising out of case Crime No. 641 of 2011, Police Station GRP Charbagh, Lucknow, whereby the present appellants and one Happu @ Appu Banjara were convicted and sentenced as under: - - "(a) Under Sec. 394/34 IPC - Imprisonment for life and fine of Rs. 25,000/ - each with default stipulation of one year's additional simple imprisonment. (b) Under Sec. 411 IPC - Two years' rigorous imprisonment. (c) The other accused Happu @ Appu Banjara was also convicted under Sec. 3/25 of the Arms Act and was sentenced with three years' rigorous imprisonment and also with fine of Rs. 5,000/ - with default stipulation of three months' additional simple imprisonment. (d) Appellant Kallu Banjara was convicted for the offence under Sec. 403 IPC and was sentenced with one year's rigorous imprisonment and for the offence under Sec. 411 IPC, he was further sentenced with two years' rigorous imprisonment. All the sentences were directed to run concurrently.";