ARVIND KUMAR MISHRA,J. - (1.) By way of instant criminal appeals, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 10.08.2011 passed by the Special Judge (DAA) Etawah, in Special Sessions Trial No.93 of 2008 State of U.P. Vs. Shri Narain @ Gullu and others, arising out of Case Crime No.25 of 1998, under Sections 302, 201, 364A IPC, Police Station- Bhareh, District- Etawah, whereby the appellants Vishambhar Singh, Ram Karan Chaubey, Shri Narain @ Gillu, Ramasrey @ Fakkad and Kusma Nain have been sentenced to life imprisonment coupled with fine Rs.15,000/- with default stipulation for two years' additional rigorous imprisonment, under Section 302 IPC, seven years' rigorous imprisonment coupled with fine Rs.10,000/- under Section 201 IPC, with default stipulation for one year's rigorous imprisonment. Appellants Ramasrey @ Fakkad and Kusma Nain have been further sentenced to life imprisonment coupled with fine Rs.10,000/- under Section 364-A IPC, with default stipulation for one year rigorous imprisonment, whereas, appellants Shri Narain @ Gillu, Ram Karan Chaubey and Vishambhar Singh have been acquitted under Section 364A IPC. All sentences shall run concurrently.
(2.) Since both the aforesaid appeals arise out of one and the same judgment dated 10.08.2011 passed by Special Judge (DAA), Etawah, therefore, both the appeals are being disposed of by way of a common judgment.
(3.) Heard Sri Brijesh Sahai, Advocate assisted by Sri Sharad Srivastava, learned counsel for the appellant nos.2 and 3, Sri Brij Raj Singh, learned counsel for appellant no.1 in Criminal Appeal No.5452 of 2011 and Sri Sarvesh Kumar Dubey, learned amicus curiae for the appellants in Criminal Appeal No.5871 of 2011 and Sri J.K. Upadhyay and Sri N.K.S. Yadav, learned AGAs for the State, and perused the record.;