GAFFER ALIAS KANA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Diwan Saifullah Khan learned counsel for the appellants in both the connected appeals, Sri Pankaj Bharti learned counsel for the first informant and Sri Patanjali Mishra learned A.G.A. for the State-respondents.

(2.) At the outset, it may be noted that the appellant No.1 Gaffar @ Kana son of Niaz Ali had died and the appeal on his behalf has been abated. The appeal, thus, survives on behalf of three appellants namely Imran, Farman and Buddhu.

(3.) The present appeal is directed against the judgement and order dtd. 3/11/2014 passed by the Additional Sessions Judge, Court No.15, Muzaffar Nagar in S.T. No.842 of 2011 arising out of Case Crime No.17 of 2011 under Sec. 364, 302, 201 IPC, P.S. Thana Bhawan, District Muzaffar Nagar connected with S.T. No.843 of 2011 arising out of Case Crime No.214 of 2011 under Sec. 25/4 of Arms Act, Police Station Thana Bhawan, District Muzzafar Nagar whereby four appellants in two connected appeals have been convicted under Sec. 364, 302 read with Sec. 34 and Sec. 201 IPC and the accused-appellant Imran has also been convicted under Sec. 25/4 Arms Act. The accused persons have been awarded sentence of life imprisonment with Rs.10,000.00 each, for the offence under Sec. 364 IPC; The default punishment for which is 10 months additional imprisonment for each accused. Under Sec. 302 read with Sec. 34 IPC, the appellants have been sentenced for life imprisonment with Rs.10,000.00 fine each; the default punishment for each accused is 10 months additional imprisonment. The appellants have been sentenced for 5 years rigorous imprisonment with fine of Rs.5000.00 each for the offence under Sec. 201 IPC; the default punishment of which is 5 months additional imprisonment. The accused-appellant Imran has been sentenced for one year imprisonment with Rs.5000.00 fine under Sec. 25/4 Arms Act, the default punishment for which is 5 months additional imprisonment. All the sentences are to run concurrently.