BUDHAN Vs. STATE OF U P

JUDGEMENT

(1.) As common questions of facts and law are involved in both the appeals, therefore, both the above appeals have been heard together.

(2.) The present Criminal Appeal has been preferred by the accused appellants, namely, Budhan and Radhilal, against the judgment and order dated 31.07.2001 passed by Additional District and Sessions Judge, F.T.C., Court No. V, Lucknow in Sessions Trial No.459/2000 (State Vs. Budhan and another), Police Station- Aliganj, District- Lucknow, convicting and sentencing the accused appellant-Budhan for six months rigorous imprisonment under Section 323 I.P.C.; six months rigorous imprisonment under Section 504 IPC and six months rigorous imprisonment under Section 506 IPC and further sentenced to undergo rigorous imprisonment for two years under Section 324 IPC and seven years rigorous imprisonment under Section 307 I.P.C. with default stipulation, whereas accused-appellant Radhilal is convicted and sentenced for six months rigorous imprisonment under Section 323 I.P.C.; six months rigorous imprisonment under Section 504 IPC and six months rigorous imprisonment under Section 506 IPC.

(3.) Facts giving rise to the present appeals may be summarised as under.