PAPPU @ GHANSHYAM Vs. STATE OF U P

JUDGEMENT

(1.) Both these Jail appeals arise out of composite judgment and order dated 24.07.2012 passed by Sri D.S.P. Srivastava, Special Judge, Dacoity Affected Area, Etah in Sessions Trial No. 36 of 2005 (State Vs. Pappu @ Ghanshyam and another) under Sections 394, 302 read with 34 I.P.C. and Sessions Trial No. 955 of 2006 (State Vs. Pappu @ Ghanshyam) under Section 25 of Arms Act, whereby accused appellants Pappu alias Ghanshyam and Karua alias Fauzi alias Netrapal have been convicted and sentenced under Section 394 IPC to undergo 10 years Rigorous Imprisonment with a fine of Rs. 10,000/-. In case of default in payment of fine, they are to undergo further imprisonment of six months. They have further been convicted under Section 302 read with Section 34 IPC and sentenced to undergo life imprisonment with a fine of Rs. 10,000/- each and in case of default in payment of fine, they are to undergo further six months imprisonment. Accused appellant Pappu alias Ghanshyam was, however, acquitted of the charge under Section 25 Arms Act in Sessions Trial No. 955 of 2006.

(2.) Against the aforesaid conviction and sentence Pappu @ Ghanshyam has filed Jail Appeal No. 4069 of 2012 whereas Jail Appeal No. 1365 of 2013 has been filed by Karua @ Fauzi @ Netrapal through Jail Superintendent, Etah.

(3.) Prosecution case surfacing from FIR as well as evidence available before Trial Court is that Informant, PW-1, Jabar Singh, jointly owned a 'Jugaad' (a covered motor cart driven with use of a generator set in rural area) with Jaiveer Singh, resident of Informant's Village Garhi Sonai, P.S. Eka, District- Firozabad. At this juncture, we find it worthy to mention description of a 'Jugaad'.