SANJU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ratan Singh, learned counsel for the appellants, Sri Rajeev Ojha, brief holder and Ms. Usha Kiran, learned AGA and perused the record.

(2.) This criminal appeal has been filed challenging the validity and correctness of the judgment and order dated 14.11.2005 passed by the Additional Sessions Judge, Court No.8, Aigarh convicting and sentencing appellant no.4, Bhagwati under Section 302/34 IPC to undergo life imprisonment with a fine of Rs.5,000/- and under Section 307/34 IPC to undergo 7 years' RI and fine of Rs.3,000/-. The impugned order further provides that in default of payment of fine of Rs.5,000/- under Section 302/34 IPC, the accused-appellant to undergo a further period of imprisonment of one month and in default of payment of fine of Rs. 3,000/- under Section 307/34 IPC to undergo a further period of imprisonment of 15 days; that further convicting and sentencing appellant no.3, Bhoop Singh under Section 302 IPC to undergo imprisonment for life and a fine of Rs.5,000/-, under Section 307/34 IPC to undergo RI for a period of 7 years with a fine of Rs.3,000/- and in default of payment of fine under Section 302 IPC amounting to Rs.5,000/- to further undergo imprisonment for a period of one month and in default of payment of fine under Section 307/34 IPC amounting to Rs. 3,000/-to further undergo imprisonment for a period of 15 days.

(3.) The Court below has further convicted and sentenced appellant nos. 1 and 2 namely, Sanju and Balwant under Section 307 IPC to undergo RI for a period of 7 years and a fine of Rs.3,000/- and in default of payment of fine to further undergo imprisonment of 15 days. They have also been convicted and sentenced under Section 302/34 IPC to undergo life imprisonment with a fine of Rs. 5,000/- and in default of payment of fine amounting to Rs.5,000/- to undergo for a further imprisonment of one month. All the sentences were ordered to run concurrently.