LAWS(ALL)-2023-12-70

GANGOTRI Vs. STATE OF U. P.

Decided On December 22, 2023
Gangotri Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) The criminal appeal No. 2109 of 2016 has been filed against the judgment and order of conviction dtd. 19/4/2016 passed by District Judge, Rampur in Sessions Trial No. 525 of 2013 whereby the learned District Judge, Rampur has convicted the accused appellants Smt. Gangotri Devi and Madan Lal for the offences punishable under Sec. 307 I.P.C. read with Sec. 34 I.P.C. and sentenced them to ten years rigorous imprisonment along with a fine of Rs.5,000.00. In case of default of payment of fine, the accused appellants had to further suffer six months additional imprisonment. They were further convicted under Sec. 302 read with Sec. 34 I.P.C. and were sentenced to life imprisonment and fine of Rs.20,000.00 each. In case of default in payment of fine, the accused appellants had to further undergo additional imprisonment for a period of two years.

(2.) Criminal Appeal No. 2110 of 2016 was filed by the appellant Daulat Ram against the judgment and order dtd. 19/4/2016 passed by learned District Judge, Rampur in S.T. No. 42 of 2015 (State v. Daulat Ram) and convicted him for the offences punishable under Sec. 307 I.P.C. read with Sec. 34 I.P.C. and sentenced him for ten years rigorous imprisonment along with a fine of Rs.5,000.00. In the case of default, the accused appellant had to further suffer six months additional imprisonment. The appellant was also convicted under Sec. 302 read with Sec. 34 I.P.C. and was sentenced to life imprisonment with a fine of Rs.20,000.00. In case of default in payment of fine, the accused appellant had to further undergo an additional imprisonment for a period of two years.

(3.) Both the Sessions Trials i.e. S.T. No. 525 of 2013 and S.T. No. 42 of 2015 arose from the Case Crime No. 217 of 2013 under Sec. 307, 302 I.P.C. read with Sec. 34 of I.P.C., Police Station Milak, District Rampur. As both the Sessions Trials arose from the same Crime number i.e. Case Crime No. 217 of 2013, they were tried together and decided by a common judgment and order dtd. 19/4/2016 by District Judge, Rampur.