SANTOSH KUMAR PAANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard, learned counsel for the appellants and learned AGA for the State.

(2.) These connected criminal appeals, filed under Sec. 374 of the Cr.P.C. (read with Sec. 389 Cr.P.C. for suspension of sentence), arise out of the common judgment and order passed in S.T. No. 265 of 2003. Since both appeals originate from the same trial and involve identical facts, they are being heard and decided together.

(3.) The both appeals have been filed under Sec. 374/389 of the Cr.P.C. against the judgment and order dtd. 17/9/2004 passed by the Learned Additional Session Judge, F.T.C. III, Court No. 12, Sultanpur in Sessions Trial No. 265/2003 (State versus Santosh Kumar Pandey and others). By means of the impugned judgment, the appellants, Santosh Kumar Pandey, was convicted under Sec. 307 of the I.P.C. and sentenced to undergo four years of rigorous imprisonment along with a fine of Rs.2,000.00, and in default of payment of fine, to undergo a further term of six months of rigorous imprisonment and the appellant Ganga Sagar was convicted under Sec. 323 I.P.C. and sentenced to six months' imprisonment with a fine of Rs.1,000.00, and in default of payment, to undergo a further three months' simple imprisonment.