PAWAN MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant, Sri Vindeshwari Prasad and the learned A.G.A for the State in Jail Appeal No. 3367 of 2010 and Sri Phoolbadan Yadav along with Sri Vishnu Shanker Gupta (Amicus Curiae) for the appellants and learned A.G.A. for the State in Criminal Appeal No. 3490 of 2010 and perused the material available on record.

(2.) The instant appeal has been preferred against the judgement and order dtd. 13/4/2010 passed by Special Judge (D.A.A), Agra in S.T No. 121 of 2005 (State Vs. Pawan Mishra and Ors), arising out of Case Crime No. 356 of 2005, under Sec. 364A, 302/201 I.P.C, Police Station New Agra, District Agra whereby the accused-appellants have been convicted under Sec. 302 I.P.C sentencing them to undergo rigorous imprisonment for life. They were to pay Rs.10,000.00 each as fine. It was further provided that on default of payment of fine the appellants were to further undergo two years of additional simple imprisonment.

(3.) The court further convicted the appellants under sec. 364-A I.P.C. and sentenced the appellants to undergo rigorous imprisonment for life and imposed fine of Rs.5000.00 on each of the appellants. Here again it was provided that in default of payment of fine the appellants would undergo one year additional simple imprisonment.