HARI NAM LODH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 30.10.2012 passed by Additional Sessions Judge, Court No. 2, Sitapur in Session Trial No. 952 of 1996 in case crime No. 44 of 1996 under Sections 302, 307 Indian Penal Code (hereinafter referred to as 'IPC') and Section 3(2)V SC/ST Act in police station Sakran, District Sitapur (State v. Hari Nam Lodh and others).

(2.) By means of the aforesaid judgment and order dated 30.10.2012 the appellants have been found guilty under Sections 302/34 IPC and have been sentenced to rigorous life imprisonment and a fine of Rs. 3000/- with an additional one year imprisonment each, for failure to deposit the fine and they have also been found guilty under Section 307/34 IPC and sentenced to five years rigorous imprisonment with a fine of Rs. 1000/- with an additional sentence of six months imprisonment, for failure to deposit the fine. The appellants were acquitted from the charge of Section 3(2)5 of the SC/ST Act, which was not challenged.

(3.) Criminal Appeal No. 1691 of 2012 has been filed by the appellants Hari Nam Lodh son of Mathura Lodh and Guddu alias Surendra Singh son of Guru Bux Singh whereas Criminal Appeal No. 1682 of 2012 has been filed by Shripal son of Adheen Lodh challenging the same judgment and order dated 30.10.2012. The aforesaid two appeals were connected and have been heard together and a common judgment is being passed in both the appeals. Before the trial court there were four accused i.e. Hari Nam Lodh, Shripal, Guddu alias Surendra Singh and Natthu Lodh. The fourth accused Natthu Lodh passed away during the course of the trial and therefore the criminal case against him was abated by means of order dated 2.5.2003.