MUNNA @ NIKHLESH SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.D. Singh Jadaun, Advocate along with Sri Dharmendra Prasad Singh, Advocate for the appellant Ghure Mali in criminal appeal no.2453 of 2004, Sri Yogesh Kumar Srivastava, Advocate for the appellant Munna alias Nikhlesh Sharma in criminal appeal no.3032 of 2004 and Sri Rajeev Sharma, learned AGA for State.

(2.) Both the aforementioned connected appeals have been filed against the judgment and order dated 2.4.2004 passed by learned Additional Sessions Judge, Azamgarh in Sessions Trial No.283 of 2000 (State Vs. Munna @ Nikhlesh and Others). Since both appeals have been heard together, we proceed to decide the same by this common judgment.

(3.) The appellants three in number, were facing trial for commission of offence under Section 302 IPC read with Section 34 of the Indian Penal Code (hereinafter referred to as ' IPC ') before the learned Additional Sessions Judge, Azamgarh. The learned Additional Sessions Judge, Azamgarh convicted all the accused and sentenced them for commission of offence under Section 302 read with Section 34 IPC to life imprisonment and to pay fine of Rs. 5,000/, in default to undergo further R/I for one year.