SOKENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeals have been filed against the judgment and order of conviction and sentence dated 31.8.2006 passed by the Sessions Judge, Meerut in S.T. No.730/2002 (State vs. Pawan and Others), under Ss. 302 and 201 IPC and in S.T. No.961/2002 (State vs. Pappu @ Jitendra @ Bijendra), under Sec. 25 of the Arms Act, both P.S. Partapur, Meerut, convicting accused (Pawan, Kendra, Pappu @ Jitendra @ Bijendra) for offence under Sec. 302/201 IPC and sentencing each of them with imprisonment of life and fine of Rs.5000.00 under Sec. 302 IPC and rigorous imprisonment for a period of one year under Sect. 201 IPC. Apart from it, accused Pappu @ Jitendra @ Bijendra was also convicted and sentenced with rigorous imprisonment for a period of one year under Sec. 25 of the Arms Act.

(2.) Being aggrieved therefrom, accused Sokendra and Pappu @ Jitendra @ Bijendra preferred Criminal Appeal No.6075 of 2006 and accused Pawan preferred Criminal Appeal No.5482 of 2006 for setting aside their conviction and passing an order of acquittal.

(3.) Since common issues are involved in both the appeals, both are being disposed of by a common order. The facts stated in Criminal Appeal No.6075/2006 shall be treated as a leading appeal.