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

JUDGEMENT

(1.) SINCE both these appeals i.e. [Criminal Appeal No. 5302 of 2006 -Hajju V. State] and [Criminal Appeal No. 4147 of 2006 -Prabhu Dayal V. State] arise out same judgment and order, therefore, the same are being disposed off by a common order.

(2.) THERE was one more connected Criminal Appeal No. 4932 of 2006 -(Kaushal V. State) preferred by the appellant Kaushal but because of his death during detention his appeal was abated vide order dated 28.09.2015.

(3.) CHALLENGE in the instant appeals is the judgment and order dated 27.07.2006 passed by Additional Sessions Judge (F.T.C.), Mahoba, in Sessions Trial Nos. 72 of 2004, 73 of 2004 and 74 of 2004 arising out of Case Crime Nos. 39 of 2004, 40 of 2004 and 57 of 2007, Police Station Kotwali Mahoba, District Mahoba whereby the appellants Hajju was convicted for the offence under Section 302 IPC and was sentenced to undergo rigorous imprisonment for life and also with fine of Rs. 5000/ - with default stipulation of six months additional imprisonment. However he was acquitted of the charge under Section 25 of Arms Act. Appellant Prabhu Dayal was convicted for the offence under Section 302 read with Section 34 IPC and was sentenced with imprisonment for life and also with fine of Rs. 2000/ - with default stipulation of six months' additional simple imprisonment.