Surendra Vikram Singh Rathore, J. - (1.) Criminal Appeal No. 1216 of 2014 has been preferred by appellant Ashish Sahu alias Aashu and Criminal Appeal No. 981 of 2014 has been preferred by Bunti Sengar and Arvind Raj Tripathi challenging a common judgment, therefore, the same are being decided together.
(2.) Heard Mr. Nagendra Mohan, learned counsel for the appellants, Mr. Umesh Verma, learned A.G.A. for the State and Mr. R.K. Pathak, learned counsel for the complainant.
(3.) Under challenge in both the appeals is the judgment and order dated 21.7.2014 passed by learned Additional Sessions Judge, Court No. 8, Sitapur in Sessions Trial No. 292 of 2009, arising out of Case Crime No. 964 of 2008, Police Station Chakeri, District Kanpur Nagar whereby appellant Ashish Sahu alias Aashu was convicted for the offence under Sec. 302 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 8,000/ - with default stipulation of one year additional imprisonment. However, he was acquitted of the charges under Ss. 504 and 506 I.P.C. and also under Sec. 25 of the Arms Act. The other two appellants, namely, Arvind Raj Tripathi, and Bunti Sengar were convicted for the offence under Sec. 302 I.P.C. and were sentenced with imprisonment for life and also with fine of Rs. 8,000/ - with default stipulation of one year additional imprisonment. Both these two appellants were further convicted for the offence under Sec. 506 I.P.C. and were sentenced with rigorous imprisonment for a period of one year and also with fine of Rs. 1,000/ - with default stipulation of two months additional imprisonment. The fourth accused Ajit Rajput was acquitted of all the charges levelled against him. The sentences inflicted by the trial court on the convicted appellants were to run concurrently. It was further directed that out of the entire fine amount, 75% of the same shall be paid to the complainant of this case.;