SANDEEP AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) These two appeals filed on behalf of the accused -appellants are directed against the judgment and orders dated 28th April, 2009 and 4th May, 2009, passed in Sessions Trial No. 766 of 1997 (State v/s. Sandeep alias Babua Tiwari and 4 others) whereby the appellants have been convicted under Ss. 147, 148, 302/149 I.P.C. and sentenced to undergo rigorous imprisonment of one year, two years and imprisonment for life and to pay fine of Rs. 10,000/ - each in default thereof to further undergo one year rigorous imprisonment respectively.

(2.) Facts of the prosecution case in the present appeals may be summarized as under: - -

(3.) At this chik F.I.R. was scribed, Case Crime No. 356 of 1997 under Ss. 147, 148, 149, 302 I.P.C. was registered at the police station and S.S.I. Surendra Tripathi was entrusted with the investigation, who started the investigation and after its completion chargesheet was submitted against all the five named accused, out of which Kaushal was chargesheeted after getting him declared absconder. Rest four accused were charged by the Court of Session under Ss. 147, 148, 302/149 I.P.C. which they denied and claimed to be tried.