(1.) Criminal appeal No.4773 of 2005 has been preferred by the convicted accused Umesh against impugned judgement and order dtd. 14/9/2005 and 15/9/2005 passed by Sri Yogesh Kumar, Additional Sessions Judge, Court No.1, Hamirpur whereby he has been convicted in Sessions Trial No.246 of 2004 (State vs. Umesh and others), P.S. Muskura, District Hamirpur, arising out of Case Crime No.167 of 2004, under Sec. 302 I.P.C. and sentenced to undergo rigorous life imprisonment with a fine of Rs.1,000.00 and in default of payment of fine to further undergo simple imprisonment for a period of 2 months. Besides this, accused Umesh has also been convicted in Sessions Trial No.247 of 2004 (State vs. Umesh), arising out of Case Crime No.169 of 2004, P.S. Muskura, District Hamirpur, under Sec. 25 of Arms Act and sentenced to undergo two years rigorous imprisonment. Both the sentences have been ordered to run concurrently.
(2.) Government Appeal No.114 of 2006 has been preferred by the State of U.P. against the judgment and order dtd. 14/9/2005 passed by Sri Yogesh Kumar, Additional Sessions Judge, Court No.1, Hamirpur in Sessions Trial No.246 of 2004 (State vs. Umesh, Mahesh and Gore Lal), arising out of Case Crime No.167 of 2004, P.S. Muskura, District Hamirpur, whereby accused Umesh has been acquitted of the charge under Sec. 504 and 506 I.P.C and Mahesh and Gore Lal have been acquitted of the charge framed against them under Sec. 302/34 I.P.C.
(3.) Since both the above appeals arise out of a single judgment and order, hence, they were connected and are being decided by a common judgment.
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