SULTAN Vs. STATE OF U. P.

JUDGEMENT

(1.) This jail appeal is by the appellant-Sultan against the judgment and order dtd. 5/10/2011 passed by the First Additional Sessions Judge, Baghpat in Sessions Trial No. 132 of 2008 (State Vs. Sultan) arising out of Crime No. 304 of 2007, under Ss. 302, 504 I.P.C., Police Station-Singhawali Aheer, District Baghpat and in Sessions Trial No. 133 of 2008 (State Vs. Sultan) arising out of Crime No. 317 of 2007, under Sec. 25 Arms Act, Police Station-Singhawali Aheer, District-Baghpat, whereby the accused-appellant has been convicted and sentenced to undergo (i) life imprisonment for the offence under Sec. 302 I.P.C. with a fine of Rs.50,000.00, in default thereof, he has to further undergo one year additional simple imprisonment, (ii) six months imprisonment for the offence under Sec. 504 I.P.C. and (iii) one year for the offence under Sec. 25 of the Arms Act, that all the sentences were to run concurrently.

(2.) We have heard Ms. Archana Singh, learned Amicus Curiae on behalf of the appellant and Mrs. Archana Singh, learned A.G.A. for the State as also perused the entire materials available on record.

(3.) The prosecution story, as transpired from the records of the present appeal, is as follows: