MAHESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.V. Singh, learned counsel for the appellant, Sri A.N. Mulla learned AGA assisted by Ms. Meena and Ms. Manju Thakur, learned AGAs for the respondent-State in Criminal Appeal No.1331 of 2006 and Sri A.N. Mulla learned AGA assisted by Ms. Meena and Ms. Manju Thakur, learned AGAs for the appellant-State and Sri S.P. Tewari and Sri P.K. Sharma, learned counsel for accused-respondents in Government Appeal No.4457 of 2006 and perused the record.

(2.) It is relevant to mention that aforesaid Appeal No.1331 of 2006 was initially preferred by seven appellants. However, appellant no.2 Chotey Singh and appellant no.3 Jay Pal Singh, both sons of Maharaj Singh, died during pendency of the appeal, due to which their appeal was abated. Now the five remaining appellants before us are Mahesh Singh, Shyam Singh, Rodhan Singh, Girraj Singh and Gajvir Singh.

(3.) By way of aforesaid Appeal No. 1331 of 2006 (Mahesh Singh and others Vs. State of U.P.), challenge has been made to the judgment and order of conviction dated 21.02.2006 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Etah, in Sessions Trial No.932 of 2002 and Sessions Trial No.610 of 2003 arising out of Case Crime No. 295 of 2002, under Sections 148 and 302/149 IPC, Police Station Soroon, District Etah, whereby the aforesaid surviving appellants have been sentenced to two years rigorous imprisonment under Sec. 148 Penal Code and life imprisonment coupled with fine Rs.10,000.00 under Sec. 302/149 IPC.