BABLOO GHOSI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Subodh Kumar Shukla, learned counsel for the appellant as well as Mr. Umesh Verma, learned Additional Government Advocate assisted by Mr. Ashok Kumar Sharma, learned AGA for the State and perused the material available on record along with lower Court record.

(2.) The instant criminal appeal has been preferred by the appellant, namely, Babloo Ghosi challenging the judgment and order dated 24.3.2006 passed by learned Additional Sessions Judge, Court No. 1, Unnao in Sessions Trial No. 621 of 2004, relating to case Crime No.1140 of 2004, under Sec. 302/34 IPC, Police Station Kotwali, District Unnao and Sessions Trial No.622 of 2004 relating to case Crime No.1151 of 2004 and 1152 of 2004, under Sec. 3/25 Arms Act, Police Station Kotwali, District Unnao, whereby the appellant has been convicted for the offence under Sec. 302/34 Penal Code and sentenced with imprisonment for life and fine of Rs. 5000.00, in default of payment of fine to undergo six months additional imprisonment and has been convicted for the offence under Sec. 3/25 Arms Act and sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs. 2000.00, in default of payment of fine three months additional imprisonment. Both the sentences shall run concurrently.

(3.) It is to be noted that Criminal Appeal No. 734 of 2006 (Babu Khan Vs. State of U.P.) preferred by the co-accused Babu Khan, son of Habib Khan has been dismissed as abated vide order dated 20.12.2016 as the co-accused Babu Khan has died during pendency of the appeal.