SONU @ SHASHANK TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Since both the criminal appeals arise out of the common judgment, therefore, the same are being heard and decided together by a common judgment.

(2.) Heard Sri Subodh Chandra Shukla for the appellant/ Sonu @ Shashank Tiwari in Criminal Appeal no.1523 of 2005 and Sri R.N.Gupta, learned counsel for appellant/ Rahul Mishra @ Chulbul Mishra in Criminal Appeal No.1388 of 2005 and Sri Sharad Dixit, learned Additional Government Advocate.

(3.) Present Criminal Appeals have been preferred against the judgment and order dated 4.10.2005 passed by learned Additional Session Judge/ Fast Track Court-II , Pratapgarh in S.T. No. 292 of 2000 ( Sonu alias Shashank Tiwari Vs. State of U.P.) and (Rahul Mishra alias Chulbul Misra Vs. State of U.P. ) arising out of Case Crime no.86 of 2000 under Section 302,394 and 411 IPC , police-station Kotwali Nagar, District Pratapgarh whereby accused Rahul Mishra @ Chulbul Misra was convicted under Section 302 read with section 34 IPC and sentenced for life imprisonment and a fine of Rs.5000/- with default stipulation of further one year imprisonment, section 394 read with Section 34 IP.C. for ten years rigorous imprisonment and a fine of Rs. 5000/- with default stipulation of further six months imprisonment whereas Sonu alias Shashank Tiwari was convicted under Section 302 IPC for life imprisonment and a fine of Rs.20000/- with default stipulation of further two years imprisonment and under section 394 read with section 34 IPC for ten years and a fine of Rs. 10000/- with default stipulation of further one year imprisonment and Section 411 IP.C. for two years rigorous imprisonment and a fine of Rs. 1000/- with default stipulation of further three months imprisonment. All the sentences were directed to run concurrently.