JAHANGIR @ GUDDU Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri S.P.S. Parmar and Sri R.K. Srivastava, learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.

(2.) Present criminal appeal has been filed by the appellant Jahangir @ Guddu against the judgment and order of conviction dated 31.01.2008 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Bhadohi at Gyanpur in Sessions Trial No. 31 of 1999 arising out of Case Crime No. 281 of 1998 under Section 302 IPC, Police Station Chauri, District Sant Ravidas Nagar, Bhadohi, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/- for the offence under Sections 302 IPC and in case of default in payment of fine, to further undergo imprisonment of one year.

(3.) Learned counsel for the appellant contends that there are as many as four accused persons and out of them, one accused (present appellant) Jahangir @ Guddu son of Ashiq Ali had filed Criminal Appeal No. 1194 of 2008 i.e. present appeal challenging the order of conviction against him and remaining three accused, namely, Sabit Ali @ Sadiq son of Hiraman, Ashiq Ali son of Hiraman and Jainul Abdin son of Umar Ali had filed Criminal Appeal No. 801 of 2008, which is connected with the present appeal, whereby the remaining three accused-appellants have been convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000/- for the offence under Sections 302/34 IPC and in case of default in payment of fine, to further undergo imprisonment of six months vide judgment and order of conviction dated 31.01.2008 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Bhadohi at Gyanpur in Sessions Trial No. 31 of 1999 arising out of Case Crime No. 281 of 1998 under Section 302 IPC, Police Station Chauri, District Sant Ravidas Nagar, Bhadohi.