NADEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajiv Lochan Shukla alongwith Sri Shashank Pandey and Sri Abhishek Shukla learned counsel on behalf of appellant-Khursheed, Sri Umesh Singh learned counsel for the appellant-Nadeem and Sri Vikas Goswami learned AGA-I for the State.

(2.) Present appeal arises from judgment and order dtd. 26/6/2015 passed by Sri Akhilesh Dubey Additional Sessions Judge/Fast Track Court, J.P. Nagar, in Sessions Trial No. 403 of 2011 (State Vs. Khursheed and others), whereby the appellants as also the co-accused Amit have been convicted for offence under Sec. 395/120B, 397/120B IPC and sentenced for life together with fine Rs.50,000.00 each, with default sentence of two years simple imprisonment. They have also been convicted for offence under Sec. 412 IPC and sentenced to ten years rigorous imprisonment together with fine Rs.25,000.00 each with default sentence of one year simple imprisonment. Also, they have been convicted under Sec. 25 Arms Act and sentenced to two years rigorous imprisonment together with fine Rs.2000.00 and default sentence of two months - in Sessions Trial No. 401 of 2011 (State Vs. Nadeem) and 402 of 2011 (State Vs. Khursheed). The appellants have been acquitted in Sessions Trial No. 400 of 2011 for offence under Sec. 147, 148, 307/149 IPC and in Sessions Trial No. 404 of 2011 for the offence under Ss. 395, 397 IPC.

(3.) Three appeals are listed before us today. One by the appellant- Nadeem (Criminal Appeal No. 580 of 2019), second by the co- accused Amit (Criminal Appeal No. 2936 of 2015) and third by the appellant-Khursheed (Criminal Appeal No. 3056 of 2015). At the outset, learned counsel for the appellant Nadeem and Khursheed have stated, they are not pressing their appeals against the order of conviction. They have confined their submissions on the point of sentence awarded, to those accused. Sri Anil Mehrotra learned counsel appearing for the third appellant-Amit stated, he would be pressing that appeal on merits, against conviction. Accordingly, we have heard Criminal Appeal No. 580 of 2019 (Nadeem Vs. State of U.P.) and Criminal Appeal No. 3056 of 2015 (Khursheed Vs. State) only. Criminal Appeal No. 2936 of 2015 (Amit Vs. State) is detagged from this batch. That appellant is on bail. That appeal may be listed on its own turn.