PREM AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Kamal Krishna, Senior Advocate assisted by Sri R.K. Srivastava, learned counsel for the appellant, Sri Saghir Ahmad, Sri Hasan Abidi and J.K. Upadhyay, learned AGAs for the State and perused the record of this appeal.

(2.) By way of instant criminal appeal, appellants Prem, Ravindra @ Babloo, Om Pal @ Ghola and Jitendra @ Pappu have challenged the judgment and order of conviction dated 25.09.2006 passed by the Additional Sessions Judge/Special Judge, Muzaffarnagar in Sessions Trial No.306 of 2003 arising out of Case Crime No.6 of 2002, under Sections 147, 148, 307/149, 302/149 and 452 IPC, Police Station Bhopa, District Muzaffarnagar, whereby the appellants have been sentenced to rigorous imprisonment for six months under Section 147 IPC, rigorous imprisonment for six months under Section 148 IPC, ten years rigorous imprisonment under Section 307/149 IPC coupled with fine Rs.5000/-, life imprisonment coupled with fine of Rs.10,000/- each under Section 302/149 IPC and two years rigorous imprisonment under Section 452 IPC coupled with fine Rs.2000/- each, in case of default in payment of fine imposed for sentence 307, 302, 452 IPC, the concerned accused shall have to suffer additional rigorous imprisonment for six months, six months and three months, respectively. Sentences shall run concurrently.

(3.) Relevant to mention that by the same judgment, Case Crime No.31 of 2002, under Section 25/27 Arms Act was also tried as Sessions Trial No.307 of 2003 wherefrom the appellant Jitendra @ Pappu has been acquitted.