BALLAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kamal Krishna, Senior Advocate assisted by Sri Ashok Gupta, Advocate and Sri S.P.Singh Raghav, Senior Advocate for the appellants, Ms. Usha Kiran, AGA for the State and perused the record.

(2.) These aforesaid criminal appeals preferred by appellants Ballan, Nanku, Dariyav, Ram Singh and Subhash challenge the validity and correctness of the judgment and order dated 27.9.2006 passed by the Additional Sessions Judge, (Fast Track Court No.25), Allahabad in S.T. No. 104 of 1996, State Versus Ballan and others, under Sections 147,148,149,302 and 307 IPC, P.S. Dhoomanganj, District Allahabad, convicting the appellants for an offence under Section 147 IPC sentencing to them to undergo 6 months' RI, under Section 148 IPC, sentencing them to undergo 1 year's RI with a fine of Rs.500/- with default stipulation. The trial Court has further directed the appellants to undergo 2 months' SI for non-payment of fine imposed under Section 148 IPC, under Section 307 read with Section 149 IPC, sentencing them to undergo 10 years' RI and fine of Rs.1000/- with default stipulation directing to undergo further 6 months' SI in case of non-payment of fine and under Section 302 read with Section 149 IPC, sentencing them to undergo for life imprisonment and fine of Rs.5,000/- and in default of payment of fine to further undergo one year's SI.

(3.) These appeals have been preferred on the ground that the conviction and sentence of the appellants is against the weight of evidence on record; that it is bad in the eye of law and the conviction and sentence is too severe.