GULAM RASHUL Vs. STATE OF U.P.

JUDGEMENT

(1.) This Jail Appeal under Sec. 383 Cr.P.C. has been filed by appellant/accused, Gulam Rashul, through Senior Superintendent of Jail, Agra, against judgment and order dtd. 30/6/2005, passed by Additional Sessions Judge, Court No. 10, Ghaziabad, in Session Trial No. 576 of 2004, relating to Case Crime No. 37 of 2004, under Ss. -302 and 201 I.P.C., Police Station-Muradnagar, District- Ghaziabad, whereby, accused appellant has been convicted under Ss. 302 and 201 IPC. Under Sec. 302 IPC, he has been sentenced to undergo Rigorous Imprisonment for life with a fine of Rs.5,000.00and in the event of default in payment of fine, he has to further undergo six months imprisonment. Under Sec. 201 IPC, he has been sentenced to undergo Rigorous imprisonment for three years with a fine of Rs.1,000.00 and in the event of default in payment of fine he has to further undergo one month imprisonment. Both sentences are directed to run concurrently.

(2.) Heard Shri Abhinav Jaiswal, learned Amicus Curiae for the appellant/accused and learned A.G.A. for the State and perused the record.

(3.) Brief facts of the prosecution story unfolds as under: