GANESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present Criminal Appeal No. 4692 of 2011 and Criminal Appeal No. 5081 of 2011 have been preferred on behalf of the appellants Ramesh @ Ishwar Dayal and Ganesh Singh respectively against the impugned judgment and order of conviction dated 28.6.2011 passed by the Special Judge (S.C./S.T. Act) Kannauj in Session Trial No. 167 of 2007 arising out of Case Crime No. 472 of 2006, under Sections 364-A, 302 and 201 IPC and on behalf of the appellant Ramesh @ Ishwar Dayal convicted in Session Trial No. 168 of 2007 arising out of Case Crime No. 487 of 2006, under Section 25 Arms Act, P.S. Tirwa, District Kannauj. Hence, both the appeals are being heard and decided jointly by a common order.

(2.) Both the appellants Ramesh @ Ishwar Dayal and Ganesh Singh were convicted and sentenced for life imprisonment under 364-A IPC and a fine for a sum of Rs. 10,000/- was imposed. In default of payment of fine, the appellants had to undergo six months rigorous imprisonment. Under Section 302 IPC, the appellants were convicted for life imprisonment with a fine for a sum of Rs. 10,000/- each and in default of payment of fine six months rigorous imprisonment each. Under Section 201 IPC, five years imprisonment with a fine for a sum of Rs. 5,000/- each and in default of payment of fine, three month rigorous imprisonment each. Only appellant Ramesh @ Ishwar Dayal convicted and sentenced to seven years imprisonment and a fine for a sum of Rs. 5,000/- under Section 25 Arms Act and in default of payment of fine three month rigorous imprisonment. All the sentences shall run concurrently.

(3.) Mr. Durvijay Singh, Advocate appeared on behalf of the appellant Ramesh @ Ishwar Dayal, Mr. Sujeet Kumar Singh, Advocate appeared on behalf of the appellant Ganesh and Mr. A.N.Mulla, learned AGA appeared on behalf of the State of U.P.