Sudhir Agarwal, J. - (1.) Heard Sri Ramesh Rai, learned Amicus Curiae for appellant and Sri Syed Ali Murtaza, leared A.G.A. for State.
(2.) By judgment and order dated 28.05.2011 passed in Sessions Trial No. 1056 of 2008, Additional Sessions Judge, Court No. 1, Muzaffar Nagar has convicted appellants-Ramphal and Baba Fakkad Nath alias Mulla alias Dharampal under Sections 302 read with 34 IPC and under Section 201 IPC. They have been sentenced to undergo life imprisonment with fine of Rs. 20,000/- each, under Section 302/34 IPC. In case of default in payment of fine, both the appellants are to undergo additional simple imprisonment of two years. They have further been sentenced to undergo two years' rigorous imprisonment with a fine of Rs. 5,000/- each, under Section 201 IPC. In case of default in payment of fine, they have to undergo further simple imprisonment of five months. All the sentences are to run concurrently.
(3.) Against aforesaid judgment and order, Jail Appeal No. 5803 of 2011 has been filed by accused-Baba Fakkad Nath alias Mulla alias Dharampal whereas Jail Appeal No. 5805 of 2011 has been filed by accused-Ramphal through Jail Superintendent, Muzaffar Nagar.;