PRABHAKAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The abovementioned Capital Criminal Appeal, Criminal Appeal and Criminal Reference arise out of the judgment of the Additional Sessions Judge/F.T.C. Court No. 4, Allahabad dated 21.12.2009.

(2.) The Capital Criminal Appeal No. 59 of 2010 has been preferred by the Appellants Prabhakar Singh and Kamlakar Singh. The said Appellants have been awarded a sentence of death and a fine of Rs. 25,000/- each under Section 302 IPC. A reference No. 3 of 2010 for confirmation of their death sentence has also been received from the Sessions Court, under Section 366 Cr. P. C. Criminal Appeal No. 298 of 2010 has been preferred by the Appellants Dev Sharan Singh, Raj Narain Singh, Ram Narain Singh @ Daroga Singh, Narendra Pratap Singh, Diwakar Singh and Baj Bahadur Singh who have been awarded imprisonment for life under Section 302 IPC and fines of Rs. 20,000/- each. All the 8 Appellants above named have also been sentenced to 5 years' R.I. under Section 201 IPC and fines of Rs. 5,000/- each. All the Appellants have further been convicted to one year's R.I. under Section 147 IPC with fines of Rs. 1000/- each and two years R.I. under Section 25 of the Arms Act and fines of Rs. 2000/- each. In default of payment of fine regarding the sentence under Section 302 IPC, the Appellants will have to undergo three years' simple imprisonment. For default of payment of fine under Section 201 IPC one year's simple imprisonment, for the sentence under Section 147 IPC, three months' simple imprisonment and for default of fine under Section 25 Arms Act six months' simple imprisonment have been awarded. All the sentences were to run concurrently.

(3.) We have heard Sri P.N. Misra, Senior Advocate assisted by Sri Devendra Kumar Srivastava for the Appellants and Km. Usha Kiran, learned A.G.A. for the State.