ARVIND KUMAR MISHRA-I,J. - (1.) Heard Smt. Kanchan Chaudhary, learned amicus curiae for the appellant, Sri. Pradeep Kumar, learned AGA for the State and perused the record.
(2.) The present jail appeal has been preferred by the appellant Rampal against the judgment and order passed by Additional Sessions Judge, FTC No. 5, Shahjahanpur, in State vs. Suhel and Others, Session Trial No. 626A of 2007, dated 17.12.2007 arising out of Case Crime No. 177 of 2005 under Sections 395, 397 IPC, Police Station Banda, District Shahjahanpur, whereby the appellant has been sentenced to undergo six years rigorous imprisonment coupled with fine Rs. 5000/- under Section 395 IPC, in default of payment of fine, he will have to suffer additional six months imprisonment and seven years rigorous imprisonment under Section 397 IPC. All the sentences have been ordered to run concurrently.
(3.) Relevant to mention that by the impugned judgment, the appellant has been acquitted of charge under Section 412 IPC.;