JUMMAN KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) PRESENT appeal has been filed by accused -appellants Jumman Khan, Suleman, Munne Khan and Laeeq, under Section 374 Cr.P.C. against judgment and order dated 19.12.1994 passed by Additional Session Judge/Special Judge (D.A.A.), Farrukhabad in S.T. No. 670 of 1992, State Vs. Jumman Khan and others, Crime No. 284 of 1992, P.S. Shamsabad, District Farrukhabad, under Sections 302/34 and 307/34 I.P.C. whereby learned Additional Session Judge/Special Judge (D.A.A.) has convicted accused -appellants Jumman Khan, Suleman, Munne Khan and Laeeq for offences punishable under Sections 302/34 and 307/34 I.P.C. and sentenced each of them for offence punishable under Section 302/34 I.P.C. with imprisonment for life and fine of Rs. 5,000/ - and for offence punishable under Section 307/34 I.P.C. with rigorous imprisonment for seven year and fine of Rs. 2,000/ -.

(2.) LEARNED Additional Session Judge further directed that in default of payment of fine awarded for offence punishable under Section 302/34 I.P.C. each accused -appellant shall undergo rigorous imprisonment for six month and in default of payment of fine awarded for offence punishable under Section 307/34 each of them shall under go rigorous imprisonment for three month.

(3.) SRI Satish Trivedi, learned Senior counsel assisted by Sri U.S. Bind appeared on behalf of accused -appellants and Sri R.C. Maurya, advocate appeared for State -respondent as well as Sri Tahir Husain, advocate, appeared for complainant.