SHYAM BABU AND LAL BABU Vs. THE STATE

JUDGEMENT

(1.) ALL these criminal appeals relate to one and common incident, therefore, all of them are being decided with this common judgment and order.

(2.) CRIMINAL jail appeal Nos. 238/2006 and No. 73 of 2007, both preferred under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), are directed against the common judgment and order dated 11 -8 -2006 passed by Sessions Judge, U.S. Nagar in Sessions Trial No. 310/1999, State v. Shyam Babu, whereby the learned Sessions Judge has convicted the appellant/accused -Shyam Babu Under Section 452 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to two years' rigorous imprisonment. He was further convicted Under Section 304 r/w Section 34 IPC and was sentenced to ten years' R.I. with fine of Rs. 5,000/and in default of payment of fine, six months' further simple imprisonment was awarded. Both the sentences were directed to run concurrently. However, he was acquitted for the offence punishable Under Section 506 (Part II) IPC.

(3.) CRIMINAL Appeal No. 361 of 2008 has also been preferred by the appellant -accused -Lal Babu against the same judgment and order dated 2.12.2006 whereby he was convicted and sentenced Under Section 4/25 of the Act for one year's R.I.