MOHD. SHAREEF Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vijay Pratap Singh on behalf of the appellant and Sri Mohd. Yusuf Ansari, Advocate and learned A.G.A on behalf of the State -Respondent.

(2.) The Criminal Appeal No. 2419 of 2008 filed on behalf of the accused/appellant Mohd. Shareef is directed against the judgment and order dated 01.10.2008, passed by Sri R.K. Gautam, Additional Sessions Judge/Special Judge(EC.Act Faizabad) in Sessions Trial no. 259/98 State Vs. Md. Shareef, whereby the appellant was convicted under Section 302/34 I.P.C. and sentenced to undergo imprisonment for life and further to pay fine of Rs. 5000/ - in default thereof to undergo one years rigorous imprisonment.

(3.) The Criminal Appeal No. 2420 of 2008, has been filed by accused -appellant Jumman to question the correctness of the same judgment and order dated 01.10.2008, passed in the same Sessions Trial, whereby the appellant in this appeal has been convicted under Section 302/34 I.P.C and sentenced to undergo imprisonment for life and further to pay fine of Rs. 5000/ - in default thereof to undergo one years rigorous imprisonment. Since, both the appeals arise out of the same Sessions Trial and are directed against the same judgment and order, they are disposed of by a common judgment.