CHANNAN AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Since these appeals arise out of the same incident and have been filed against the same impugned judgment and order, they are being disposed of by a single judgement.

(2.) Five accused appellants have filed two separate appeals under Sec. 374 Cr.P.C. against the judgement and order dated 2nd February, 2007 passed by Sri Vinay Kumar Mathur, the then District & Sessions Judge, Shrawasti in Sessions Trial Nos. 10A/1999, 10/1999 (State v/s. Channan and two others) under Ss. 147, 148, 149, 302, 506 I.P.C. Police Station Bhinga, District Shrawasti, whereby the appellants in Criminal Appeal No. 380 of 2007 (Khalil and two others v/s. State of U.P.) and in Criminal Appeal No. 379 of 2007 (Channan @ Surendra Kumar and another v/s. State of U.P.) assail the correctness of their conviction and sentences to wit, under Sec. 148 I.P.C. to undergo rigorous imprisonment of three years and to pay fine of Rs. 2,000/ - in default thereof to further undergo rigorous imprisonment of three months and under Ss. 302/149 I.P.C. to undergo imprisonment for life and to pay fine of Rs. 10,000/ - in default thereof to further undergo rigorous imprisonment of six months and further under Sec. 506 I.P.C. to undergo three years rigorous imprisonment and to pay fine of Rs. 2,000/ - in default thereof to further undergo three months rigorous imprisonment.

(3.) In the matter in hand, the prosecution version in brief may be summarized as under: - -