ZAMEER AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sarvesh Kumar Dubey, Advocate holding brief of Sri Brijesh Sahai, learned counsel for the appellants, Sri R.Y. Pandey, learned AGA for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment and order dated 12.1.2007 passed by the Additional District & Sessions Judge/Special Judge, Court no. 3, J.P. Nagar in S.T. No. 42 of 2005, State versus Zameer Ahmad and others. By the impugned judgment and order the appellants have been convicted under Section 302 read with section 34 IPC and sentenced to life imprisonment with fine of Rs. 10,000/- each, under Section 452 read with Section 34 IPC they have further been convicted and sentenced to 3 years' imprisonment with fine of Rs.1,000/- each and under Section 504 IPC they have further been convicted and sentenced to undergo 6 months' imprisonment and under Section 506 IPC the trial Court further convicted and sentenced the appellants to undergo 6 months' imprisonment. The impugned order further provides that in default of payment of fine awarded under Sections 302 read with Section 34 IPC and 452 read with Section 34 IPC the appellants to undergo 6 months and 1 month's imprisonment respectively.

(3.) The impugned judgment has been challenged on the ground that the conviction and sentence of the appellants is against the weight of evidence on record and no offence whatsoever is made out against the appellants, yet the accused-appellants have been sentenced too harshly by the trial Court. The last ground for assailing the impugned judgment and order is that the conviction and sentence is bad in the eye of law. On these grounds the appellants have prayed for allowing the appeal and setting aside the order of conviction and sentence passed against them.