RAM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dharmendra Dhar Dubey and Sri Radheshyam Yadav learned counsels for appellant-Ram Prakash, Sri Nipun Singh learned counsel for appellant Chhatrapal and Amicus Curiae for appellant Kunta Devi and Sri Rupak Chaubey learned A.G.A for the State-respondent.

(2.) These three connected appeals have been preferred against the judgment and order dtd. 5/9/2008 passed by the Additional Sessions Judge, Fast Track Court No. 2, Rampur in Sessions Trial No. 75 of 2005 (State vs. Smt. Kunta Devi and others) arising out of Case Crime No. 317 of 2004, under Ss. 364, 302/34 and 201 IPC, Police Station Bilaspur, District Rampur, convicting three appellants herein namely Smt. Kunta Devi, Ram Prakash and Chhatrapal for the offences under Sec. 302 read with Sec. 34 IPC and sentencing for life imprisonment with fine of Rs.10,000.00 each; the default punishment is one year rigorous imprisonment. Under Sec. 364 IPC, two appellants namely Smt. Kunta Devi and Ram Prakash have been convicted and sentenced for ten years rigorous imprisonment and fine of Rs.5000.00 each; the default punishment is six months rigorous imprisonment. Under Sec. 201 IPC, appellants Kunta Devi, Ram Prakash and Chhatrapal have been convicted and sentenced for five years rigorous imprisonment with fine of Rs.2000.00 each; the default punishment is three months rigorous imprisonment. All the punishments are to run concurrently.

(3.) It may be noted, at the outset, that the trial had been conducted against four accused persons including three appellants herein and one Devi Das son of Baldev Prasad, had been acquitted by the trial court by giving benefit of doubt.