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

JUDGEMENT

(1.) Mr. Santosh Kumar Kanaujia, learned counsel for the appellants and Sri M.Y. Ansari, learned Additional Government Advocate were heard at length.

(2.) Since both these appeals i.e. (Criminal Appeal No. 811 of 2008 -Vishwajeet @ Nanhey V. State of U.P.) and (Criminal Appeal No. 1137 of 2008 -Ramakant V. State of U.P.) arise out of a common judgment, therefore, the same are being disposed of together.

(3.) Criminal Appeal No. 811 of 2008 has been preferred by the appellant -Vishwajeet @ Nanhey and Criminal Appeal No. 1137 of 2008 has been preferred by the appellant Ramakant challenging the judgment and order dated 31.03.2008 passed by learned Additional Sessions Judge/F.T.C. -Vth Lakhimpur Kheri, in Sessions Trial No. 372 of 2003, arising out of Case Crime No. 209 of 2002, Police Station Mailani, District Lakhimpur Kheri, whereby the appellant Vishwajeet @ Nanhey was convicted for the offence under Sec. 302 IPC and appellant Ramakant was convicted for the offence under Sec. 302 read with Sec. 34 IPC and both of them were sentenced with imprisonment for life and also with fine of Rs. 5000/ - with default stipulation of six months' additional rigorous imprisonment.