GAFOOR & ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohd. Abid Ali assisted by Sri S.K. Tiwari, learned counsel for the appellants and Sri A.N. Mulla assisted by Sri Chandrajeet Yadav, learned AGA for the State in the present appeal and Sri A.N. Mulla assisted by Sri Chandrajeet Yadav, learned AGA for the State-appellant and Sri Mohd. Abid Ali assisted by Sri S.K. Tiwari, learned counsel for the accused-respondents in the connected Government Appeal No.3056 of 2006.

(2.) The instant criminal appeals have been preferred by the appellants Gafoor and Sultan, both sons of Gaffar against the judgment and order of conviction dated 18.02.2006 passed by Additional Sessions Judge, Fast Track Court No.1, Bijnor, in Sessions Trial No. 108 of 1999, State Vs. Gaffar and others, arising out of Case Crime No.1105-1999, under Sections 302, 307, 504, 506 IPC, Police Station Kotwali City, District Bijnor whereby the appellants have been sentenced to life imprisonment coupled with fine Rs.2000/- each under Section 302 IPC, default stipulates for additional imprisonment for two months, five years rigorous imprisonment under Section 307 IPC, six months rigorous imprisonment under Section 504 IPC and one year's rigorous imprisonment under Section 506 IPC. Sentences shall run concurrently.

(3.) The aforesaid Government Appeal No.3056 of 2006 (State of U.P. Vs. Khalik and others) was preferred by the State against the same judgment and order of acquittal dated 18.02.2006 qua accused Khalik, Abdulla, Abdul Waris @ Lala, Mausam and Abdul Salam whereby they were acquitted of charges under Sections 302, 307, 504, 506 IPC. Since both the aforesaid appeals arise out of one and the same judgment dated 18.02.2006 passed by Additional Sessions Judge, FTC No.1, Bijnor, therefore, both the appeals are being disposed of by way of a common judgment.