KRISHNA PRATAP Vs. STATE OF U P

JUDGEMENT

(1.) These three criminal appeals arise from the judgment and order dated 23.4.2009, passed by Additional Sessions Judge, Court No. 6, Aligarh, in Session Trial No. 42 of 1998, State v. Raju and othersand Session Trial No. 146 of 1999, State v. Satendra Singh.

(2.) Seven accused were sent up for trial. Accused Raju and Bachchu have been acquitted. Accused Pratap Singh and Bhupendra died during continuation of the trial whereas present three Appellants have been convicted under Section 302/149, I.P.C. and sentenced to undergo life imprisonment and fine of Rs. 10,000 each. In default of payment of fine, further imprisonment of one year. They have been sentenced to undergo one year and six months under Section 147, I.P.C. and two years R.I. under Section 148, I.P.C. All sentences were directed to run concurrently.

(3.) According to story given out in the first information report, occurrence is alleged to have taken place on 23.5.1996 at 10: 30 a.m. near Hathras Club on Hathras Aligarh Highway. First information report was lodged by P.W. 1 Udaiveer Sharma father of the deceased Dilip Kumar, on the same day at 11: 30 a.m. at Police Station Hathras Gate, Sub District Hathras, district Aligarh. Scribe of report is Yogesh Kumar Sharma P.W. 2.