LAWS(ALL)-2025-1-54

ANNU KHATIK Vs. STATE OF U.P.

Decided On January 22, 2025
Annu Khatik Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri Rajesh Kumar Dwivedi, learned Amicus for appellant- Chunni Lal and Raj Kumar Yadav, who have been released from the prison after remission has been granted to them in Criminal Appeal Nos. 351 of 2005 and 532 of 2005, Shri Chandra Shekher Pandey for appellant- Sanjay Yadav in Criminal Appeal No. 402 of 2005 and Shri Bipin Kumar Rai for appellant- Annu Khatik and Shri A.A. Zaidi for appellant- Munna Khatik in Criminal Appeal No. 351 of 2005 and Shri Prabhat Adhaulia, learned A.G.A. for the State and perused the record.

(2.) All these appeals have been preferred by the convict appellants against the same impugned judgment and order and thus for the sake of convenience all these three appeals are being disposed off by this common judgment.

(3.) These criminal appeals have been preferred by appellants- Annu Khatik, Munna Khatik and Chunnilal in Criminal Appeal No.351 of 2005, appellant- Raj Kumar Yadav in Criminal Appeal No. 532 of 2005 appellant- Sanjay Yadav in Criminal Appeal No. 402 of 2005, under Sec. 374(2) Cr.P.C. against the judgment and order dtd. 18/2/2005 passed by Special Judge (S.C./S.T. Act), Faizabad convicting and sentencing the appellants under Ss. 147 IPC for one year rigorous imprisonment each, under Sec. 452 IPC for three years rigorous imprisonment with fine of Rs.1000.00 each and under Sec. 302 read with Sec. 149 IPC for life imprisonment with fine of Rs.500.00 each, the appellant no.3/Chunni Lal in Criminal Appeal No. 351 of 2005 under Sec. 3(1)(X) SC/ST Act for two years rigorous imprisonment with fine of Rs.1000.00 and in default of payment of fine the rigorous imprisonment for one year year each, acquitting the appellants no.1 and 2 under Sec. 3(1)(X) of SC/ST Act and acquitting the appellants under Ss. 504 and 506 IPC each in S.T. No. 400/1996, arising out of Case Crime No. 1747/1991, under Ss. 147, 452, 506/149, 504/149, 302/149 IPC and 3(1) (X) SC/ST Act, Police Station Kotwali Nagar, District Faizabad.