RAJESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Durvijai Singh, learned counsel for the appellants and Shri Ajit Ray, learned A.G.A. for State.

(2.) This appeal challenges the judgment and order dated 6.5.2004 in Sessions Trial No. 27 of 2002 convicting Rajesh Kumar and Om Saran under Section 302 I.P.C and Section 5/7 Criminal Law Amendment Act and in Sessions Trial No. 28 of 2002 challenging conviction of Rajesh Kumar under Section 25/27 of Arms Act. Both these sessions trials were tried together and were decided by a common judgment.

(3.) The trial of accused Rajesh Kumar and Om Saran in respect of offence punishable under Section 302 I.P.C. was the subject matter of adjudication in Sessions Trial No. 27 of 2002 whereas the trial in respect of accused Rajesh Kumar for the offence punishable under Section 25/27 of the Arms Act was the subject matter of adjudication in Sessions Trial No. 28 of 2002. Both the cases being triable by Court of Sessions, were committed to it vide order dated 16.01.2002 passed by the Chief Judicial Magistrate, Farrukhabad. The accused Accused on being produced before the Sessions Court, pleaded not guilty and, therefore, were arraigned as accused.