DEVENDRA AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Both these criminal appeals have been filed against the judgment and order of conviction recorded by the learned IInd Additional District and Sessions Judge, Court No. 2, Bulandshahr in Sessions Trial No. 1140 /02, State Vs. Devendra and Ors. under Sections 148, 302/149, 324/149 and 457 Indian Penal Code, Police Station Aurangabad, District Bulandshahar and Sessions trial No. 1424/02, State Vs. Sundar under Sec. 25A of the Arms Act, police station Sikandarabad, District Bulandshahar by which the accused appellants Devendra, Sundar, Naresh alias Lavesh, Kurri alias Kiran, Veer Singh and Chandrapal were found guilty of the offences punishable under Sections 148, 302/149, 324/149, Indian Penal Code and Sec. 457, IPC. Accused Sundar was further found guilty for the offence punishable under Sec. 25 of the Arms Act and accused Devendra, Sundar, Naresh alias Lavesh and Kurri alias Kiran were sentenced to death for offences punishable under Sec. 302 Indian Penal Code read with Sec. 149 Indian Penal Code and accused Veer Singh and Chandrapal were sentenced to life imprisonment and a fine of Rs. 5,000/ and in default of payment of fine, further imprisonment for one year for the offence punishable under Sec. 302 Indian Penal Code read with Sec. 149, IPC. All the accused appellants were also sentenced to one year R.I. under Sec. 148 Indian Penal Code, one year R.I. under Sec. 324 Indian Penal Code read with Sec. 149 Indian Penal Code and two year R.I. and a fine of Rs. 1,000.00 under Sec. 457 Indian Penal Code and in default of payment of fine further imprisonment for six months. The accused Sunder was also sentenced to one year R.I. for the offence punishable under Sec. 25 of the Arms Act.

(2.) Criminal reference is for the confirmation of death sentence of the appellants Devendra, Sundar, Naresh alias Lavesh and Kurri alias Kiran.

(3.) Brief facts giving rise to these appeals are as under;