NARENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) These two criminal appeals have been preferred by the accused-appellants-Raghnath, Satendra, Pappan, Narendra and Pappi challenging the judgment and order dtd. 25/9/2007 passed by the Special Judge (E.C. Act), Meerut in Sessions Trial No. 862 of 2002 (State Vs. Narendra and Others), arising out of Case Crime No. 135 of 2002, under Ss. 147, 148, 307, 302 and 506 I.P.C., Police Station-Jani, District-Meerut, whereby the accused-appellants, namely, Narendra and Pappi have been convicted under Ss. 302, 147, 148 and 149 I.P.C., whereas accused-appellants, namely, Raghunath, Satendra and Pappan have been convicted under Ss. 307, 147, 148, 149 I.P.C. and sentenced (i) the accused-appellants, namely, Narendra and Pappi to undergo life imprisonment under Sec. 302 read with Sec. 149 I.P.C. with fine of Rs.10,000.00 and further to undergo one year rigorous imprisonment under Ss. 147 and 148 I.P.C.; (ii) accused-appellants namely, Raghunath, Satendra and Pappan to undergo seven years rigorous imprisonment under Ss. 307 read with Sec. 149 I.P.C. with fine of Rs.5,000.00 and further to undergo one year rigorous imprisonment under Ss. 147 and 148 I.P.C. with an observations that all sentences were to run concurrently and in default of payment of fine, all the accused-appellants are to further undergo one months additional imprisonment.

(2.) We have heard Mr. Noor Mohammad and Mr. Irshad Mohammad, learned counsel for the accused-appellants and Mr. N.K. Srivastava, learned A.G.A. for the State as also perused the material available on record.

(3.) Since the basic facts and legal question of issues are same in both these appeals, they have been clubbed and heard together and are being decided by means of this common judgment treating the Criminal Appeal No. 6870 of 2007 (Narendra and Another VS. State of U.P.) to be the leading case.