JAGANNATH APPELLANT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mrs. Archana Tyagi, learned counsel for the appellants and Sri Saghir Ahmad, Mrs. Manju Thakur and J.K. Upadhyay, learned AGAs in opposition and perused the record. While accused no.2 respondents in Government Appeal (6736 of 2004) are represented by Sri P.K. Srivastava, learned advocate.

(2.) The instant three appeals (Criminal Appeal No. 4849 of 2004, Criminal Appeal No. 4762 of 2004 and Government Appeal No. 6736 of 2004) have been preferred against judgment and order of conviction (Appeal Nos.4849, 4762 both of 2004) and acquittal (Government Appeal No.6736 of 2004)dated 13.09.2004 passed by Court of Additional Session Judge/Fast Track Court, Kaushambi in the three consolidated Sessions Trial Numbers 14/2002; State Vs. Bhaiya Lal & others arising out of case crime no. 109/2001 , under Sections 147, 148, 302/149, 307/149, 120B Penal Code and under Sec. 30 Arms Act, Police Station Sarai Aquil, District Kaushambi; Sessions Trial No.15/2002; State Vs. Bhaiya Lal arising out of case crime no. 110/2001 , under Sec. 25 Arms Act, Police Station Sarai Aquil, District Kaushambi and Sessions Trial No.16/2002:State Vs. Jagannath Pal arising out of case crime no.117/2001 under Sec. 25 Arms Act, Police Station Sarai Aquil, District Kaushambi.

(3.) In context of aforesaid Appeal No.4849 of 2004 appeal preferred by the appellant Jagannath arising out of two of the aforesaid three consolidated Sessions Trial No.14/2002 and Sessions Trial No.16/2002, respectively, whereby, appellant Jagannath has been convicted under Sections 302, 307 Penal Code (concerning S.T. No.14/2002) and under Sec. 25 Arms Act (concerning S.T. No.16/02), arising out of case crime no. 109/2001 and 117/2001, respectively, whereby he (Jagannath) has been sentenced to life imprisonment coupled with fine Rs.10,000/with default stipulation for additional two years simple imprisonment under Sec. 302 IPC; seven years rigorous imprisonment coupled with fine Rs.5,000/with default stipulation for one year additional simple imprisonment under Sec. 307 I.P.C (concerning S.T. No.14/02 arising out of case crime no. 109/2001).