(1.) Both these aforesaid criminal appeals arise out of a common judgment, hence both are being disposed of together by a common judgment.
(2.) Heard Mr. Nagendra Mohan, learned counsel for the appellants, Mrs. Nand Prabha Shukla, learned A.G.A. for the State and perused the lower court record.
(3.) Criminal Appeal No. 1730 of 2009 has been preferred by appellants Samar Bahadur and Sachan while Criminal Appeal No. 2224 of 2009 has been preferred by appellant Shubhan alias Kaalu challenging the judgment and order dated 23.9.2009 passed by learned Additional Sessions Judge, Court No. 6, Unnao in Sessions Trial No. 441 of 2005 and 442 of 2005 arising out of Case Crime No. 295 of 2005 and 305 of 2005, Police Station Fatehpur Chaurasi, District Unnao whereby appellant Shubhan alias Kaalu was convicted under Section 302 I.P.C. and other accused appellants, namely, Samar Bahadur and Sachan were convicted under Section 302/34 and were all sentenced with imprisonment for life and also with fine of Rs. 5,000/- each with default stipulation of three months additional rigorous imprisonment. However, appellant Shubhan alias Kaalu was acquitted of the charge under Section 504 I.P.C. and 3/25 of the Arms Act.
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