ARIMARDAN Vs. STATE OF UP

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) Both these appeals arise out of the judgment and order dated 30.11.2006 passed by Additional Sessions Judge/Fast Track Court no. 1, Jalaun at Orai in Session Trial No.57 of 2001 arising out of Crime No. 48 of 2000, by which all the appellants have been convicted under section 302/34 IPC and sentenced to rigorous imprisonment for life with fine of Rs. 10000/- each and in default of payment of the fine, to further undergo simple imprisonment for six months. Appellant Arimardan has also been convicted and sentenced to undergo six months' R.I. for the offence punishable under section 336 IPC. All the sentences have been directed by the court to run concurrently.

(3.) The appeal has been preferred on the ground that findings of the court below are not sustainable in the eyes of law being against the weight of evidence on record; that conviction and sentence of the appellants is contrary to law and sentence awarded to the appellants is too severe. Appellants Arimardan, Munish and Yogesh are on bail whereas bail application of appellant Ram Babu was rejected and he is in jail.