MANISH TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) The first above mentioned appeal filed on behalf of the accused-appellant Manish Tyagi, is directed against the judgment and orders dated 12.10.2009 and second above mentioned appeal filed on behalf of accused-appellant Bhoora @ Pawan, is also directed against the same judgment and orders dated 12.10.2009 and 4.12.2009 passed by Sri Satya Prakash, Additional Sessions Judge, Fast Track Court No.2, Muzaffarnagar, in S.T. No.487 of 2004 and S.T.No.487-A of 2004 (State vs. Bhoora @ Pawan and another) whereby the accused-appellants have been convicted under sections 376(2)(g) and 307/34 I.P.C. and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.5,000/-, rigorous imprisonment of ten years with fine of Rs.5,000/- on both counts. In default of payment of fine, they have been further directed to undergo imprisonment of two months on each count separately. Both the sentences are directed to run concurrently.

(2.) Since both the appeals arise out of the same case crime number, same incident, they have heard together and are being decided by a common judgment.

(3.) Heard Sri Manish Tyagi and Sri Vikas Sharma, learned counsel appearing for the appellant in Criminal Appeal No.6332 of 2009 and Sri V.S.Parmar, Amicus Curie, appearing for the appellant in Criminal Appeal No.215 of 2010 and Sri V.P.Singh Kashyap, learned A.G.A for the State.