Raghvendra Kumar, J - (1.)Heard learned counsel for the appellants and Ms. Ruhi Siddiqui, learned A.G.A. for the State of U.P.
(2.)Both appeals arises from the common judgment and order dt. 6.12004 and the counsel of both accused appellants are the same. Both appeals are arising out of the same incident. Hence, on the request of learned counsel for the parties, both appeals are being disposed of by a common judgment.
(3.)Under assail in the appeal is the judgment and order dated 6.12.2004 passed by the Additional Sessions Judge, Fast Track Court No.4, Sitapur in S.T. No. 412 of 2001, State Vs. Ram Dulare Raidas and another, arising out of case crime no. 238 of 2001, under section 302 I.P.C. read with section 34 I.P.C. P.S. Maholi, District Sitapur whereby the accused appellants, Ram Dulare Raidas and Dharmendra have been convicted for the offence under section 302/34 I.P.C. and have been sentenced to undergo imprisonment for life and fine of Rs. 10,000/- each alongwith default stipulation.