(1.) Three accused persons, Sarafat, Noor Mohammad and Ajay, were tried by the Additional Sessions Judge/F.T.C.-4, Lakhimpur Kheri in Sessions Trial No. 879 of 2004 : State Vs. Sarafat and two others, arising out of Case Crime No. 130 of 2004, under Ss. 302, 504, 506 Indian Penal Code, 1860 (in short, "I.P.C.") and Sec. 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, "S.C./S.T. Act"), Police Station Nighasan, District Kheri.
(2.) Vide judgment and order dtd. 14/12/2009, the learned Additional Sessions Judge/F.T.C.-4, Lakhimpur Kheri, acquitted Sarafat, Noor Mohammad and Ajay, for the offences under Ss. 504, 506 (2) I.P.C. and Sec. 3 (2) (v) of the S.C./S.T. Act, however, convicted and sentenced them under Sec. 302 read with Sec. 34 I.P.C. to undergo life imprisonment and fine of Rs.7,000.00 each. In default of payment of fine, to undergo additional two years imprisonment.
(3.) Aggrieved by their aforesaid conviction and sentence, convicts/ appellants, Sarafat and Noor Mohammad, preferred before this Court Criminal Appeal No. 61 of 2010, whereas convict/appellant Ajay preferred Criminal Appeal No. 120 of 2010.
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