SANJOO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Shri Yogesh Srivastava for appellant Nos. 2, 3 and 4, Shri Manu Sharma, Amicus, for appellant No.1 and Shri J.K. Upadhyay, learned AGA for the State.

(2.) This appeal arises out of the impugned judgement and order dtd. 26/3/2009 passed by Special Judge (D.A.A.), Agra in S.T. No. 85 of 2002 (State Vs. Sanjoo @ Sanjay and others) arising out of Crime No. 78 of 2002, under Ss. 394, 302, 411, 120-B, I.P.C, and Sessions Trial No. 97 of 2002, arising out of Crime Nos. 84 and 85 of 2002 under Ss. 25 and 25/4 Arms Act, Police Station-New Agra, District Agra, convicting appellants Sanjay @ Sanjoo, Praveen Dubey, Banwari and Lala @ Kishan and sentencing them to undergo seven years rigorous imprisonment for the offence u/s 394 with a fine of Rs.5,000.00 (each), in default thereof, to undergo additional simple imprisonment for one year; to undergo imprisonment of life for the offence under Sec. 302/34 of IPC with a fine of Rs.20,000.00 (each), in default thereof, to undergo two years additional simple imprisonment; to undergo imprisonment of life for the offence under Sec. 120-B of IPC with a fine of Rs.10,000.00 (each), in default thereof, to undergo one year simple imprisonment; convicting appellants Sanjay @ Sanjoo, Praveen Dubey and Banwari and sentencing them to undergo two years rigorous imprisonment for the offence under Sec. 411 of IPC; convicting appellant Sanjay @ Sanjoo and sentencing him to undergo two years rigorous imprisonment for the offence under Sec. 25 Arms Act with a fine of Rs.5,000.00 in default thereof to undergo one year additional simple imprisonment; and convicting appellants Pradeep Dubey and Banwari and sentencing them to undergo one year rigorous imprisonment for the offence under Sec. 25/4 with a fine of Rs.2,000.00 (each), in default thereof to undergo six months additional simple imprisonment; and it was directed that all the sentences shall run concurrently.

(3.) In the present case, name of the deceased is Sanjay, who died after sustaining one gun shot injury on his temporal region. On 21/1/2002 at 8.55 pm, on the basis of written report Ex.Ka-1, FIR Ex.Ka-26 was registered against unknown persons under Sec. 302 of I.P.C.