KAMRE ALAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satish Trivedi, Senior Advocate assisted by Sri Ajay Kumar Pandey for the appellants and Sri Anil Kumar Kushwaha, A.G.A., for State of U.P.

(2.) Kamre Alam @ Kamaryab and Khalid @ Shahid have filed aforementioned appeals from their conviction and sentence passed by Additional Sessions Judge/ Fast Track Court No. 5, Meerut dated 29.3.2011 in , State vs. Kamre Alam @ Kamaryab and others [arising out of Case Crime No. 69 of 2004, under Sections 307/34, 326 of Indian Penal Code, 1860 (hereinafter referred to as the IPC), police station Mundali, district Meerut], convicting Kamre Alam @ Kamaryab, under Section 307 IPC and sentencing for imprisonment for life and fine of Rs. 100000/- and Section 326 IPC and sentencing for 10 years rigorous imprisonment with fine of Rs. 50,000/-, with default stipulation. Khalid @ Shahid has been convicted under Section 307 read with Section 34 IPC and sentenced for 10 years rigorous imprisonment with fine of Rs. 50,000/- and under Section 326 IPC and sentenced for 10 years rigorous imprisonment with fine of Rs. 50,000/- with defaults stipulation. All the aforesaid sentences have to run concurrently.

(3.) It may be mentioned that Kamre Alam @ Kamaryab was also charge-sheeted under Section 25 of Arms Act but he has been acquitted from the charges by the impugned order 29.03.2011 passed by Additional Sessions Judge/ Fast Track Court No. 5, Meerut in S.T. No. 873 of 2004, arising out of Case Crime No. 73 of 2004, under Section 25 of Arms, Act, P.S. Mundali, Distt. Meerut. The acquittal of Kamre Alam @ Kamaryab under Section 25 of Arms Act has not been challenged either by State or by the informant.