MAKRAND SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) .The appellants have preferred this criminal appeal aggrieved by judgment and order dtd. 27/7/2006 passed by Additional Sessions Judge/ Fast Track Court IInd Court No. 7, Banda, in Session Trial No. 86/2004 arising out of Case Crime No. 198 of 2003 (under Sec. 302/34 I.P.C.), Session Trial No. 87 of 2004 arising out of Case Crime No. 210 of 2003 (under Sec. 25/27 Arms Act), Session Trial No. 88 of 2004 arising out of Case Crime No. 202 of 2003 (under Sec. 25 Arms Act), Session Trial No. 89 of 2004 arising out of Case Crime No. 203 of 2003 (under Sec. 25 Arms Act), Session Trial No. 90 of 2004 arising out of Case Crime No. 204 of 2003, (under Sec. 30 Arms Act) Police Station -Baberu, District- Banda convicting and sentencing the appellants to undergo imprisonment for life under Sec. 302/34 I.P.C. with a fine of Rs.5000.00 each and in default of payment of fine to undergo six months additional rigorous imprisonment, convicting and sentencing the appellant Nos. 1, 2 and 4 under Sec. 25 of Arms Act to undergo two years rigorous imprisonment and fine of Rs.1000.00 each and in default of payment of fine to undergo two months additional rigorous imprisonment and appellant No. 3 Ramchandra under Sec. 30 of Arms Act to undergo three months imprisonment. All the sentences shall run concurrently.

(2.) The prosecution case is as follows:

(3.) Thereafter committal proceeding took place and the case of four accused Makrand Singh, Ramjeet Singh, Ram Kaptan and Rishikesh were committed to court of session where they were registered as Sessions Trial Nos. 86/2004, 87/2004, 88/2004, 89/2004, 90/2004. After that all these connected sessions trials were made over to the court of Sessions Judge, Banda for trial and disposal of the cases. On 25/3/2004, the trial court was prima facie satisfied with the case against the accused therefore charges under Ss. 302/34 I.P.C. were framed against all the accused namely Markand, Ramjeet Singh, Ram Kaptan and Shrikesh. Charge under Sec. 25 of Arms Act were framed against accused Makrand Singh, Ramjeet Singh, Shrikesh Singh and charge under Sec. 30 of Arms Act was framed against Ram Chandra Singh. The charges were read over and explained to the accused who pleaded not guilty and claimed to be tried.