Anil Kumar Srivastava, J. - (1.) Heard Mohammad Shahid Akhter Advocate holding brief of Sri Dinesh Kumar Sharma, learned counsel for the appellant, learned AGA for the State.
(2.) Instant appeal was listed for hearing on bail application but with the consent of learned counsel for the appellant and learned AGA the appeal itself is being disposed of finally.
(3.) Instant appeal has arisen against the judgment and order dated 10.7.2012 passed by learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Barabanki in Sessions Trial No.834 of 2010 arising out of Crime No.182 of 2010, under Sections 302 IPC, Police Station Baddupur, District Barabanki and Sessions Trial No.835 of 2010 arising out of Crime No.192 of 2010, under Sections 3/25 Arms Act, Police Station Baddupur, District Barabanki whereby the learned trial court has convicted the accused-appellant- Mochhai @ Tiwari Pasi under Section 302 and sentenced him to rigorous imprisonment for life and to pay a fine of Rs.5000/- with default stipulation of six months' rigorous imprisonment under section 25 (3) Arms Act and sentenced him to three years' rigorous imprisonment and to pay fine of Rs.500/- with default stipulation one month's rigorous imprisonment. Both the sentences to run concurrently. Both the sessions trial were decided by a common judgment.;