RAJESH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The above noted death reference and the connected three appeals arise out of Judgment of conviction dated 27.4.2011 and order of sentence dated 30.4.2011 passed by the learned Additional Sessions Judge (Ex-Cadre), Ghazipur in Sessions Trials No. 24 of 2005, 25 of 2005, 26 of 2005, 229 of 2005 and 427 of 2007.

(2.) Five appellants of the three appeals were put on trial in the above noted Sessions Trials after being charged with committing various offences and were held guilty by the impugned Judgment. Appellants Rajesh Yadav, Triloki Rajbhar @ Girija Shanker, Shiv Pujan Yadav and Mahendra Yadav had been charged with committing offences under Sections 147, 148, 307, 149 and 302/149 I.P.C., 25 of the Arms Act as also Section 7 of the Criminal Law Amendment Act while appellant Suresh Yadav was charged with committing all the above offences for which the above noted four accused persons had been charged, except that under Section 302/149 I.P.C. All the appellants were acquitted of the charge under Section 7 of the Criminal Law Amendment Act. Appellant Suresh Yadav of Criminal Appeal No. 3154 of 2011 was also not held guilty of committing offence under Section 25 of the Arms Act but he was held guilty of committing offences under Sections 147, 148 and 307/149 I.P.C. and was directed to suffer simple imprisonment for one year and two years respectively under Sections 147 and 148 I.P.C. while he had to suffer rigorous imprisonment for eight years as also had to pay a fine of Rs. 10,000/- for being held guilty of offence under Section 307/149 I.P.C. The learned Trial Judge directed that in case of default in paying the fine, the appellant Suresh Yadav had to undergo simple imprisonment for another term of eight months.

(3.) So far as the other appellants, like, Rajesh Yadav, Triloki Rajbhar @ Girija Shanker, Shiv Pujan Yadav and Mahendra Yadav were concerned, they were directed to suffer simple imprisonment for terms of one and two years respectively under Sections 147 and 148 I.P.C. and rigorous imprisonment for a term of eight years under Section 307/149 I.P.C. In addition to the substantive sentence, each of them was directed to pay a fine of Rs. 10,000/- else to suffer simple imprisonment for six months in respect of their individual conviction under Section 307/149 I.P.C. As regards their individual conviction under Section 302/149 I.P.C., each of the four appellants was directed to be hanged by his neck till he was dead and was further directed to pay a fine of Rs. 50,000/- or to suffer simple imprisonment for one year.