RAM BARAN Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 31.8.2004 passed by the learned Additional Sessions Judge/Fast Track Court No. 4, District Lakhimpur Kheri in Sessions Trial No. 151 of 2002, 152 of 2002, 153 of 2002 and 154 of 2002, which were disposed of by a common judgment and by the said judgment, the appellants were convicted for the offence under Section 25 of the Arms Act. Appellant Ram Baran was sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs. 2,000/- with default stipulation of two months additional rigorous imprisonment. The other two appellants, namely, Ram Naresh and Bharat were convicted for the said offence and were sentenced to undergo rigorous imprisonment for a period of two years each and also with fine of Rs. 1,000/- with default stipulation of one month additional rigorous imprisonment. However, the appellants were acquitted of the charges levelled under Sections 307 & 216 I.P.C. and Section 7 of the Criminal Law Amendment Act. There was one more accused Pohpi, who was also tried along with the appellants and has been acquitted of all the charges levelled against him. He was not an accused under Section 25 of the Arms Act.

(2.) The brief facts necessary for the disposal of the instant appeal may be summerized as under:-

(3.) The case of the defence was that they have been falsely implicated. The dead body of one Ram Bhajan was found lying in the grove of the village and the S.O. in order to take credit of this death, has prepared this false case and fabricated this case showing that the incident has taken place in the Baggar of Pohpi. However, Pohpi was acquitted of the charges levelled against him.