HARIOM ALIAS HERO Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant Capital Case No. 3086 of 2015 Hariom alias Hero Vs. State of U.P. with Reference No. 8 of 2015 , along with connected Criminal Appeal No. 3316 of 2015 Sanjai alias Sonu Sharma Vs. State of U.P. , Criminal Appeal No. 3317 of 2015 Haseen Khan Vs. State of U.P. , Criminal Appeal No. 3512 of 2015 Saurabh alias Sanju Vs. State of U.P. , Criminal Appeal No. 3836 of 2015 Bhaiye alias Farid alias Rafique Vs. State of U.P. , have been preferred against the impugned judgment and order dated 13.7.2015 passed by Additional Sessions Judge, Court No. 2, Firozabad in S.S.T. No. 234 of 2008 State Vs. Rijwan and Others , under Sections 396, 411 Penal Code and 3(2) (5) SC/ST Act and 25 Arms Act, P.S. Ramgarh, District Firozabad arising out of Case Crime No. 367 of 2008, S.S.T. No. 235 of 2008 State Vs. Sanjai , under Sec. 25 Arms Act, arising out of Case Crime No. 368 of 2008, S.S.T. No. 236 of 2008 State Vs. Saurabh alias Sanju , under Sec. 25 Arms Act, arising out of Case Crime No. 372 of 2008, S.S.T. No. 237 of 2008 State Vs. Haseen Khan , under Sec. 25 Arms Act, arising out of Case Crime No. 370 of 2008, S.S.T. No. 238 of 2008 State Vs. Hariom alias Hero , under Sec. 25 Arms Act, arising out of Case Crime No. 371 of 2008, S.S.T. No. 239 of 2008, under Sec. 25 Arms Act, arising out of Case Crime No. 369 of 2008 and S.S.T. No. 504 of 2011 State Vs. Bhaiye alias Farid alias Rafique , under Sec. 25 Arms Act, arising out of Case Crime No. 381 of 2008. Hence, all the appeals were heard jointly and the same are being decided by a common judgment and order.

(2.) Vide impugned judgment, the appellants were acquitted under Sec. 412 Penal Code and 3(2)(5) SC/ST Act and under Sec. 25 Arms Act. The accused-appellant Hariom alias Hero has been convicted under Sec. 396 Penal Code providing capital punishment subject to confirmation by this Court and rest of the appellants were awarded sentence of life imprisonment under Sec. 396 Penal Code with a fine for a sum of Rs. 25,000.00 each with the direction that 75% of the amount shall be handed over to Ujjawal, only surviving family member of the victims. Further direction was that in default of payment of fine, the appellants shall serve six months further imprisonment. Being aggrieved against the impugned judgment, above-noted appeals have been preferred.

(3.) Mr. Yogesh Srivastava, learned Advocate appeared on behalf of the appellant Hariom alias Hero, Mr. Ram Babu Sharma, Advocate appeared on behalf of the appellants Sanjay alias Sonu Sharma, Haseen Khan and Rijwan, Mr. K.C.Pandey, Advocate appeared on behalf of appellant Saurabh alias Sanju and Mr. Shailendra Prakash Pandey, Advocate appeared on behalf of the appellant Bhaiye alias Farid alias Rafique. Learned Government Advocate appeared on behalf of the State.