Naheed Ara Moonis, J. - (1.) These appeals have been preferred on behalf of the appellants, namely, Sangram Singh, Meher Sagar, Meher Sahai and Khalak Singh as well as Mohan Birthare, Jagbir Singh, Hari Singh @ Babli and Mahesh Yadav against the judgment and order dated 12.12.2002 passed by the learned Additional Sessions Judge, Jhansi in Sessions Trial No.156 of 1996 State Vs. Sangram Singh and others, arising out of case crime no.88 of 1993, Police Station Barua Sagar, District Basti whereby all the appellants have been convicted under Section 302/149 IPC for life imprisonment with fine of Rs.2000/- each, in default of payment of fine, one year simple imprisonment, under Section 148 IPC two years simple imprisonment to each of the appellants. Both the sentences u/S 302/149 and 149 IPC were directed to run concurrently.
(2.) All the appellants were acquitted of the charge under Section 147 IPC. Appellant Sangram Singh was acquitted of the charge under Section 25 of the Arms Act Sessions Trial No.157 of 1996 (State Vs. Sangram Singh) arising out of case crime no.89 of 1993, . Mahesh Yadav and Mohan Birthare were acquitted of the charge under Section 5 of the Explosive Substance Act in Sessions Trial No.25 of 1998 (State Vs. Mahesh and another), arising out of case crime no.90 of 1993.
(3.) Since both the abovementioned appeals are arising out of judgment and order dated 12.12.2002 passed by the learned Additional Sessions Judge, Court No.4, Jhansi against the conviction of the appellants under Sections 148, 302/149 IPC hence both the appeals are being decided by a common judgment.;