SHAKEEL AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Present two Appeals; Appeal No.5054 of 2005 (Shakeel Ahmad Vs. State of U.P.) and Appeal No. 146 of 2006 (Jamil Ahmad Vs. State of U.P.) have been filed against same judgement and order, therefore, both Appeals are taken up together and decided by this common judgement.

(2.) Above two appeals have been filed by accused Shakeel Ahmad and Jamil Ahmad respectively under Section 374 Cr.P.C. against judgement and order dated 11.11.2005 passed by Additional Session Judge, Court No.5, Azamgarh in Session Trial No. 76 of 1999, whereby learned Additional Sessions Judge, Azamgarh has convicted accused appellant Jamil Ahmad for offences punishable under Sections 302 I.P.C. and 506(2) I.P.C. and accused appellant Shakeel Ahmad for offences punishable under Sections 302/34 I.P.C. and 506(2) I.P.C..

(3.) Learned Additional Session Judge has sentenced vide his impugned judgement and order dated 11.11.2005 to accused appellant Jamil Ahmad for offence punishable under Section 302 I.P.C. to imprisonment for life and fine of Rupees one thousand and for offence punishable under Section 506(2) I.P.C. to imprisonment for six months and to accused appellant Shakeel Ahmad for offence punishable under Section 302/34 I.P.C. to imprisonment for life and fine of Rupees one thousand and for offence punishable under Section 506(2) I.P.C. to imprisonment for six months. Learned Additional Session Judge has ordered each accused appellants to undergo imprisonment for three months in default of payment of fine. Learned Additional Session Judge further ordered that all sentences awarded to each appellants accused shall run concurrently.