VIJAY PAL YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Pawan Singh Pundir, learned counsel for the appellant, Mr. Nagendra Bahadur Singh, learned A.G.A. for the State and perused the record.

(2.) Since both the appeals arising out of a common impugned judgment and order dated dated 06.11.2009, passed by the Additional Session Judge, Meerut in Session Trial No.509 of 2007, therefore, both the appeals are being decided by this common judgment.

(3.) Both the appeals have been filed against the common impugned judgment and order dated 06.11.2009, passed by the Additional Session Judge, Meerut in Session Trial No.509 of 2007, whereby the present appellant had been convicted for offence punishable under Section 302 I.P.C. Accused Kadir was convicted for the offence punishable under Section 302 read with Section 34 I.P.C. Both the appellants sentenced to undergo for life imprisonment along with fine of Rs.20,000/- each. In default of non-payment of fine, they shall suffer further one year rigorous imprisonment. The appellant Vijay Pal Yadav and Kadir Ansari were convicted for offence punishable under Section 452 I.P.C. and sentenced them for 5 years rigorous imprisonment with fine of Rs.5,000/-. In default of non-payment of fine, they shall undergo one year rigorous imprisonment. The accused persons were convicted for offence punishable under Section 506 I.P.C. and sentenced for 5 years rigorous imprisonment and fine of Rs.5,000/-. In default of non-payment of fine, they shall suffer further 6 months rigorous imprisonment. In other Session Trial No.673 of 2007, the appellant Vijay Pal Yadav was convicted under Section 25 of Arms Act and sentenced to 3 years R.I. with fine of Rs.5,000/-. In default of non-payment of fine he shall suffer 6 months further rigorous imprisonment. All the sentences shall run concurrently.