KAREEM Vs. STATE OF U.P.

JUDGEMENT

(1.) These criminal appeals have been preferred against the judgment and order of conviction and sentence dated 17/11/2016, passed by the Addl. Sessions Judge, Court No. 2, Muzaffar Nagar in S.T. No.483 of 2013 (State vs. Kareem and others), under Ss. 452, 302/34, 506 IPC, P.S. Mansoorpur, District- Muzaffar Nagar, convicting accused (Kareem, Shahjad, Wajid) for offences under Ss. 452, 302/34, 506 IPC and sentencing each of them with imprisonment for 3 years and fine of Rs.5000.00 under Sec. 452 IPC, in default of fine, 3 months further imprisonment, life imprisonment to each of them along with fine of Rs.10,000 under Sec. 302/34 IPC, in default of fine, 6 months further imprisonment and 2 years imprisonment along with fine of Rs.5000.00 to each of them under Sec. 506 IPC, in default of fine, 3 months further imprisonment. Accused Kareem has been acquitted from the charges under Sec. 25/27 of the Arms Act, giving benefit of doubt.

(2.) Being aggrieved therefrom, accused Shahjad preferred Criminal Appeal No. 31 of 2017, accused Kareem preferred Criminal Appeal No.29 of 2017 accused Wajid preferred Criminal Appeal No.30 of 2017 for setting aside their conviction and passing an order of acquittal.

(3.) Since common issues are involved in all the three appeals, hence all the three appeals are being disposed of by a common order. The fact stated in Criminal Appeal No.29 of 2017 shall be treated as a leading appeal.