MUKESH Vs. STATE OF U P

JUDGEMENT

(1.) Both these appeals under Section 374 (2) of Criminal Procedure Code (hereinafter referred to as "Cr.P.C.") arise out of judgment and order dated 07.09.2002, passed by Sri Sangam Lal, Additional Sessions Judge/Fast Track Court No.5, Meerut, in Sessions Trial No. 590 of 1999. Both the appeals have been heard together and are being decided by this common judgment.

(2.) Criminal Appeal No. 3803 of 2002 has been filed by accused-appellant Mukesh whereas Jail Appeal No. 7419 of 2017 has been filed on behalf of accused-appellant Sunder.

(3.) By the impugned judgment dated 07.09.2002 accused appellants Sunder and Mukesh have been convicted under section 302 I.P.C. and sentenced to undergo rigorous imprisonment (in short "R.I.") for life along with a fine of Rs. 10,000/- each. In the event of default in payment of fine, they have to further undergo additional imprisonment of six months each. Both the appellants have also been convicted and sentenced under section 377 I.P.C. to undergo ten years' R.I. besides a fine of Rs. 5,000/- each and in default in making payment thereof, they have to undergo additional imprisonment for six months. Out of the amount of fine, so recovered half shall be payable to Shambhu Singh, father of deceased as compensation. All sentences have been directed to run concurrently.