MONTU @ PRASHANT Vs. STATE OF U P

JUDGEMENT

(1.) After being convicted and sentenced in ST No. 687 of 2011 arising out of Case Crime No. 129 of 2011, under section 302 read with section 34 IPC, Police station Nakud, district Saharanpur by the learned Additional Sessions Judge (Ex-cadre-2) Saharanpur vide judgement and order dated 30.5.2013, the accused appellant Montu alias Prashant filed Criminal Appeal No. 2564 of 2013 and accused appellant Smt. Maya Devi filed Criminal Jail Appeal No. 5107 of 2013.

(2.) By the impugned judgement and order Additional Sessions Judge has convicted and sentenced the accused appellants to life imprisonment under section 302 read with section 34 IPC and a fine of Rs. 10,000/- each and in default of payment of fine, the appellants were further directed to undergo one year's simple imprisonment each. However, by the same order, the learned Additional Sessions Judge has acquitted the co-accused Bhagat Singh of the charges levelled against him.

(3.) Since both the aforecaptioned criminal appeals have been filed against a judgement and order dated 30.5.2013 passed by the Additional Sessions Judge (Ex-cadre-2), Saharanpur in ST No. 687 of 2011, under section 302 IPC read with section 34 IPC, police station Nakud, district Saharanpur, both the appeals have been heard together and are being disposed of by means of this common judgement.