PREMCHAND @ BUDDA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Abhay Raj Singh, and Sri R.P.S. Chauhan, learned counsel for the appellants and Sri R. K. Maurya, learned AGA appearing for the State and perused the record.

(2.) With the consent of learned counsel for the appellants, both the appeals are being heard and decided finally, as the appellant Ramcharan stated to be in jail since 08.02.2012 and he has already served out four years four month in jail as under trial and after his conviction out of 7 years, and appeal is not likely to be heard in future and would become infructuous.

(3.) That present appeals have been filed against the common judgment and order dated 08.02.2012 passed by the Additional Sessions Judge, Court No.7, Budaun in Session Trial No. 1122 of 2006, convicting and sentence the appellants to under go seven years R.I. and a fine of Rs. 7000/- each under Section 307/34 IPC and in default of payment of fine appellants shall further under go seven months simple imprisonment. Hence the aforesaid two appeals are being decided by this common judgment.