SHARAFAT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mrs. Seema Pandey, learned Amicus Curiae appearing for the appellant, Sri Prem Shanker Prasad, learned A.G.A. appearing for the State-respondent and perused the record of the trial Court.

(2.) This criminal appeal has been filed against the judgment and order dtd. 21/12/2013 passed by Additional Sessions Judge, Court No. 6, Budaun in S.S.T. No. 26 of 2008, State vs. Sharafat, by which the trial court has convicted the appellant under Sec. 302 IPC sentencing him to undergo life imprisonment and fine of Rs.40,000.00 and in default of payment fine to undergo ten months additional simple imprisonment; under Sec. 201 I.P.C sentencing him to undergo 3 years imprisonment and fine of Rs.3,000.00; in default of payment of fine to undergo three months additional simple imprisonment; 10 years rigorous imprisonment and fine of Rs.10,000.00 for committing the offence under Sec. 394 I.P.C and in default of payment of fine to undergo five month additional simple imprisonment; 3 years rigorous imprisonment and fine of Rs.3,000.00 for the offence under Sec. 420 I.P.C and in default of payment of fine three months additional simple imprisonment and three years rigorous imprisonment and fine of Rs.3,000.00 for the offence under Sec. 411 I.P.C. in default of payment of fine three months additional simple imprisonment. In S.S.T No. 27 of 2008 State Vs Sharafat, learned trial court has convicted the appellant under Sec. 25 Arms Act sentencing him to undergo 3 years rigorous imprisonment and fine of Rs.3,000.00 and in default of payment fine to undergo three months additional simple imprisonment and in S.S.T No. 28 of 2008, State Vs Sharafat, learned trial court has convicted the appellant under Sec. 4/25 Arms Act sentencing him to undergo 1 year's rigorous imprisonment and fine of Rs.1,000.00 and in default of payment fine to undergo one month's additional simple imprisonment. All the sentences are to run concurrently.

(3.) The prosecution case is that informant, Asharfi Lal, gave a written complaint at Police Station- Islamnagar, District Badaun informing that dead body of an unknown person is lying in the agricultural field of Sohan Lal. There are no injuries seen on the dead body. Police registered case under Ss. - 302, 201, 394, 411, 420 of I.P.C. and Sec. 4/25 Arms Act and Sec. - 25 of Arms Act and charge sheet was accordingly submitted before the competent court.