VINAY KUMAR JAISWAL Vs. STATE OF U. P.

JUDGEMENT

(1.) The present appeal arises out of judgment of conviction dtd. 16/5/2012 passed by Additional Sessions Judge, Court No. 2, Maharajganj in Sessions Trial No.9 of 2010 holding appellant- Vinay Kumar Jaiswal guilty of offence under Sec. 302, 307 & 506 of IPC read with Sec. 3/25 of Arms Act. Vide order of sentence dtd. 17/5/2012, the accusedappellant was awarded imprisonment for life under Sec. 302 IPC with fine of Rs.10,000.00. Under Sec. 307 IPC, he was sentenced to seven years of rigorous imprisonment with fine of Rs.5000.00, under Sec. 506 of IPC, imprisonment for two years and under Sec. 3/25 of the Arms Act, the appellant was sentenced to one year imprisonment with fine of Rs.1000.00. It was directed that in case of default in payment of fine, the appellant would further undergo imprisonment for six months. All the sentences were directed to run concurrently.

(2.) It is worth noticing that the Supreme Court of India vide order dtd. 16/12/2022 had directed the High Court to decide the appeal expeditiously. Paper book is complete and trial court's record has been received.

(3.) Learned counsel for the appellant and learned AGA for the State have addressed their respective arguments and with their assistance, the entire evidence is re-scrutinized and re-appriciated.