(1.) Present appeal has been filed by accused appellant Ashok Kumar under section 374(2) Cr.P.C. against judgement and order dated 1.4.2008 passed by learned Additional Session Judge/Fast Track Court No.6, Ghaziabad in S.T. No.216 of 1994 (State Vs. Ashok Kumar) arising out of Case Crime No.147 of 1989, under sections 307, 393 I.P.C., Police Station Masoori, District Ghaziabad, where by learned Additional Session Judge/Fast Track Court No.6, Ghaziabad has convicted accused appellant for offences punishable under sections 307 and 393 I.P.C. and has sentenced him for offence punishable under section 307 I.P.C. with rigorous imprisonment for nine years and fine of Rs.5000/- and for offence punishable under section 393 I.P.C. with rigorous imprisonment for seven years and fine of Rs.2000/-. Learned Additional Session Judge/Fast Track Court No.6, Ghaziabad has further ordered that in default of payment of fine for first offence accused appellant shall undergo further imprisonment for six months and in default of payment of fine for second offence he shall further undergo imprisonment for two months.
(2.) Shri Sanjay Kumar Srivastava and Shri Yogesh Srivastava appeared for accused appellant. Learned A.G.A. appeared for State of U.P.
(3.) I have heard learned counsel for both parties and have gone through record of the case.