(1.) This Criminal Appeal has been filed by the convict/appellant Bhagwati Singh @ Pappu against the judgment and order dtd. 22/8/2009 passed by Additional Sessions Judge Court No. 1, Lucknow in Sessions Trial No. 293 of 1989 State Vs. Bhagwati Singh alias Pappu and another, arising out of Case Crime No. 302/34 Indian Penal Code, 1860 (in short I.P.C.) and Ss. 25/27 of the Arms Act, Police Station Hazratganj, District Lucknow whereby the trial court convicted and sentenced the convict/appellant under Sec. 302/34 of I.P.C., with life imprisonment coupled with a fine of Rs.40,000.00 and in default of payment of fine further rigorous imprisonment of three months. The trial court further convicted and sentenced the convict/appellant under Sec. 27 of the Arms Act with five years rigorous imprisonment coupled with a fine of Rs.10,000.00 and in default of payment of fine further imprisonment of one month.
(2.) This appeal relates to a very unfortunate and despicable crime, wherein the miscreants silenced the life of an eight time National Badminton Champion Syed Modi, who represented India in various international championships. The facts necessary for disposal of this appeal in short are as under:-
(3.) Heard Mr. Piyush Asthana, learned counsel for the appellant and Mr. Shreesh Chandra, learned counsel for the C.B.I.
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