MOHAN Vs. STATE OF U P

JUDGEMENT

(1.) THE present criminal appeal no. 7965 of 2006 on behalf of appellant Mohan, criminal appeal no. 883 of 2007 on behalf of appellant Sushil and Government Appeal No. 2314 of 2007 State Vs. Kuldeep have been preferred against the same judgment and order passed by Additional Session Judge in Session Trial No. 668 of 2005, under sections 302/34, 506 IPC and Session Trial No. 669 of 2005 against only appellant Mohan under section 25 Arms Act, P.S. Gangoh, District Saharanpur. Hence, all the appeals are decided jointly by a common order.

(2.) THE criminal appeal no. 7965 of 2006 has been preferred on behalf of appellant Mohan and criminal appeal no. 883 of 2007 on behalf of appellant Sushil against the judgment and order of conviction dated 8.12.2006 convicting and sentencing appellants Mohan and Sushil under section 302/34 IPC for life imprisonment with a fine for a sum of Rs. 3,000/ - each, in default two years further imprisonment, under section 506 IPC two years rigorous imprisonment and fine for a sum of Rs. 1,000/ - and in default six months imprisonment. Both sentences run concurrently. Accused Mohan was convicted under section 25 Arms Act to undergo two years rigorous imprisonment.

(3.) GOVERNMENT Appeal No. 2314 of 2007 has been filed on behalf of the State in which respondent Kuldeep was acquitted for charges under sections 302/34 and 506 IPC giving benefit of doubt. The case is arising out of case crime no. 220 of 2005 under sections 302, 506/34 IPC and case crime no. 221 of 2005 under section 25 Arms Act registered only against Mohan.