PARMAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) SINCE both the appeals are arising out of Case Crime No. 55/91 and judgement of conviction in S.T. No. 67/91, hence both the appeals are being taken up together.

(2.) PRESENT Criminal Appeal No. 109/97 has been filed by Narendra Singh s/o Ram Singh Thakur, Mahendra Singh s/o Ram Adhar Singh r/o Sirhaul, Police Station Jaswant Nagar, District Etawah against the judgement and order of conviction and sentence dated 16.1.1997 passed by learned Special Judge, (D.A.A.) in S.T. No. 67/91 convicting the appellant Narendra Singh under section 302 read with 34 IPC and sentenced for a period of life imprisonment, under section 394 IPC sentenced to undergo five years' R.I. convicted under section 15 of the U.P. D.A.A. and was sentenced to undergo five years' R.I. with fine of Rs. 1000/- in default of payment of fine he was to undergo six months' R.I. The appellant was also convicted under section 25 Arms act and was sentenced to undergo one year's R.I. The appellant Mahendra Veer was convicted under section 302/34 I.P.C. and was sentenced to undergo for life imprisonment under section 394 I.P.C. and was sentenced to undergo for a period of five years' R.I. with the direction that all the sentences should run concurrently.

(3.) THE brief fact of this case is as follows: