DURGESH KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. R.P. Misra, learned counsel for the appellant, and Mrs. Ruhi Siddiqui, learned AGA for the State, were heard at length.

(2.) Under challenge in the instant criminal appeal is the judgment and order dated 15.12.2010 passed by 1st Additional Sessions Judge, Gonda, in Sessions Trial No.266 of 2007 arising out of Case Crime No.14 of 2007, under Sections 147, 148, 302/149 IPC, Sessions Trial No.267 of 2007 arising out of case Crime No.15 of 2007, under Sections 25/27 of the Arms Act and Sessions Trial No.35 of 2008 against Dileep Singh arising out of case Crime No.16 of 2007 under Section 30 of the Arms Act, Police Station Katra Bazar, District Gonda, whereby the present appellant Durgesh Kumar Singh was convicted for the offence under Section 302 IPC and was sentenced with imprisonment for life and also with fine of Rs.10,000/- with default stipulation of ten months' additional rigorous imprisonment. He was further convicted for the offence under Section 25/27 of the Arms Act and was sentenced with three years' rigorous imprisonment and also with fine of Rs.1,000/- with default stipulation of one month's additional rigorous imprisonment. Both the sentences were directed to run concurrently. By the same judgment, Dileep Kumar Singh, who took his trial for the offence under Section 30 of the Arms Act, was also convicted. However, he was granted benefit of Section 3 of the Probation of Offenders Act. The other accused persons, who also took trial with the present appellant, were granted benefit of doubt and were acquitted of all the charges leveled against them.

(3.) Admittedly, no appeal has been preferred by the State challenging the acquittal of other accused persons.