RAJJO ALIAS GINGIN AND Vs. STATE

JUDGEMENT

(1.) These three appeals arise out of judgment and order dated 20-3-1980 passed by Sri N.N. Sharma, the then learned Sessions Judge, Aligarh in S. T. N. 228 of 1979, whereby Rajjo alias Gingin and Radhey Shyam (hereinafter called as appellants) were convicted and sentenced to rigorous imprisonment under Section 394, IPC and life imprisonment to Rajjo alias Gingin under Section 302, IPC and also life imprisonment to Radhey Shayam under Section 302/34, IPC.

(2.) Against his conviction and sentence Radhey Shyam has filed Criminal Appeal No. 793 of 12980 while Rajjo alias Gingin filed criminal appeal No. 663 of 1980 against his conviction and sentence. The State was not satisfied by this judgment and it has also filed Government Appeal No. 1239 of 1980 for the enhancement of the sentence. It is alleged in the memorandum of appeal that in the offence under Section 302, IPC the accused has been awarded life imprisonment which is highly inadequate whereas rigorous imprisonment of 7 years is also inadequate under Section 394, IPC.

(3.) Since all the three appeals arise out of the same judgment, order, conviction and sentence arising out of one crime number and offence, therefore, all the three appeals have been takentogether for disposal.