HARPHOOL @ KALA Vs. STATE

JUDGEMENT

(1.) Heard Mr. Ashish Malhotra learned Amicus Curiae for the appellant, Ms. Usha Kiran, learned A.G.A. for the State and perused the record.

(2.) This instant jail appeal has been filed against the impugned order dated 19.11.2008, passed by the Additional District and Sessions Judge, Gautam Budh Nagar in Session Trial No. 349 of 2006, whereby the accused-appellant was convicted for offence punishable under Section 394 read with Section 34 and under Section 302 read with section 34 I.P.C. and sentenced to seven years rigorous imprisonment and Rs. 50,000/- fine for offence under Section 394 read with section 34 I.P.C. In default of payment of fine, he further suffers six months simple imprisonment. Sentences under both the sections shall run concurrently.

(3.) Brief facts of the case.