JAI GOVIND MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Criminal Appeal No.382 of 2007-Jai Prakash Mishra and others V. State has been preferred by Jai Prakash Mishra, Om Prakash Mishra, Santosh Mishra and Vinod Mishra and Criminal Appeal No.7814 of 2006 has been preferred by Jai Govind Mishra. Since both the aforesaid appeals arise out of the same judgment, therefore, the same are being disposed of by a common judgment.

(2.) Under challenge in these criminal appeals is the judgment and order dated 27.11.2006 passed by Additional Sessions Judge, Court No.2, Ghazipur in Sessions Trial No.530 of 2004, arising out of Case Crime No.545 of 2004, Police Station Kotwali, District Ghazipur, under Sections 147, 148, 302/149 IPC against the appellants Jai Govind Mishra, Jai Prakash Mishra, Om Prakash Mishra, Santosh Mishra and Vinod Mishra, Sessions Trial No.532 of 2004, arising out of Case Crime No.604 of 2004, Police Station Kotwali, District Ghazipur, under Section 3/25 Arms Act and Sessions Trial No.533 of 2004, arising out of Case Crime No.605 of 2004, Police Station Kotwali, District Ghazipur, under Section 3/25 Arms Act against Jai Prakash Mishra and Santosh Mishra respectively whereby all the appellants were convicted for the offence under Section 302 read with 149 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs.10,000/- each with default stipulation of one year additional rigorous imprisonment. They were further convicted for the offence under Section 148 IPC and were sentenced to undergo rigorous imprisonment for a period of two years R.I. Both the sentences were directed to run concurrently.

(3.) Appellants Jai Prakash Mishra and Santosh Mishra who were tried for the offence under Section 3/25 Arms Act were acquitted of the charges for the said offence. It was further directed that out of total fine amount half of the fine shall be paid to the complainant as compensation.