(1.) Both the aforesaid appeals arise out of a common judgement and order dated 01.10.2003 passed by Sri Rang Nath Pandey, Additional Sessions Judge, F.T.C. No.3, Muzaffar Nagar in Session Trial No.30 of 2003 (State versus Devendra and Rajpal), Police Station Bhaurakala, District Muzaffar Nagar convicting accused persons under Sections 364-A/34 and sentencing them to undergo rigorous imprisonment for life and also to pay a fine of Rs.1000/- each. In the event of default of payment of fine, they have to undergo three months additional rigorous imprisonment. Therefore, both these appeals are being decided by this common judgement.
(2.) From record, it appears that initially Jail Appeal No. 5871 of 2003 was filed through Superintendent, District Jail, Muzaffar Nagar on behalf of accused Devendra and the same was admitted on 18.11.2003. Thereafter on 29.10.2003, Criminal Appeal No.5422 of 2003 was filed by Advocate Nasiruzzaman on behalf of same accused Devendra, which was admitted by this Court on 30.10.2003 and in this criminal appeal accused-appellant Devendra has been granted bail vide order dated 18.12.2003.
(3.) It is also relevant to mention here that co-accused Rajpal has filed Criminal Appeal No.5057 of 2003. During pendency of appeal Rajpal died, therefore, his appeal has abated vide order dated 12.02.2019 by this Court.
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