SAYARA Vs. STATE OF U P

JUDGEMENT

(1.) Since both these appeals i.e. (Criminal Appeal No.3051 of 2005-Smt. Sayara) and (Criminal Appeal No.2807 of 2005-Shamsu alias Shamsuddin) arise out of same sessions trial and crime numbers, therefore, the same are being disposed of by a common order.

(2.) The Criminal Appeal No.3051 of 2005 has been preferred by the appellant-Smt. Sayara and Criminal Appeal No.2807 of 2005 has been preferred by the appellant Shamsu alias Shamsuddin challenging the judgment and order dated 08.07.2005 passed by learned Additional Sessions Judge, Court No.3, Bulandshahar, in Sessions Trial No.75 of 2003, arising out of Case Crime No.195 of 2002, under Section 302 read with Section 34 IPC and Section 452 IPC, Police Station Syana, District Bulandshahar, whereby both the appellants Smt. Sayara and Shamsu alias Shamsuddin were convicted for the offence under Section 302 read with Section 34 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs.5000/- with default stipulation of one year additional imprisonment. They were further convicted for the offence under Section 452 IPC and were sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs.1000/- in default of payment of fine they were directed to undergo additional imprisonment for a period of one month. Both the sentences were directed to run concurrently.

(3.) Appellant Smt. Sayara is in jail from 08.07.2005 i.e. the date of judgment and appellant Shamsu alias Shamsuddin is detained in custody from 21.12.2002 from the date of his arrest.