DHARAM VEER Vs. STATE OF U P

JUDGEMENT

(1.) Both the aforesaid appeals arise out of a common judgement and order dated 03.09.2002 passed by Sri Vijay Kumar, Additional Sessions Judge, Hathras in Session Trial No. 169 of 2001 (State versus Dharamveer @ Kaiya and others), Police Station Shahpau, District Hathras convicting all the accused-appellants under Sections 302 read with 34 IPC and sentencing each of them to undergo rigorous imprisonment for life and also to pay a fine of Rs.2000/- each. In the event of default of payment of fine, they have to undergo six months additional rigorous imprisonment.

(2.) From the record it appears that initially Criminal Appeal No.4281 of 2002 was filed under Section 374(2) Cr.P.C. by all the three accused-appellants, namely, Dharam Veer @ Kaiya, Radhey Shyam and Choiya @ Khajan Singh, which was admitted by this Court on 01.10.2002. Subsequently Radhey son of Gauri Shanker Pal also filed Jail Appeal No.6316 of 2003, under Section 383 Cr.P.C., through Senior Superintendent Central Jail, Agra which was admitted on 09.12.2003. It is also on record that vide order dated 30.03.2016 this Court granted bail to Dharam Veer @ Kaiya appellant in Criminal Appeal No.4281 of 2002 and Radhey (mentioned as appellant no.2 in Criminal Appeal No.4281 of 2002 and also appellant in Jail Appeal No.6316 of 2003). The prayer for bail of appellant Choiya @ Khajan Singh was declined.

(3.) Brief facts giving rise to the present appeal may be stated as under:-