RAM NARAYAN Vs. STATE OF U P

JUDGEMENT

(1.) All these eight criminal appeals have been preferred against a common judgment dated 29.8.2017 and order dated 5.9.2017 passed by Richa Joshi, Additional Sessions Judge, F.T.C., (Court no. 2), Fatehpur. By the impugned judgment and order, accused appellants Ram Narayan @ Lala (Crl. Appeal No. 5708 of 2017), Dalpat (Crl. Appeal no. 5752 of 2017), Ashish and Ramsewak (Crl. Appeal No. 5950 of 2017), Jagmohan @ Munna and Sukhpal (Crl. Appeal No. 5986 of 2017), Rameshwar Kewat (Crl. Appeal No. 6068 of 2017), Badri Vishal Pal (Crl. Appeal No. 6116 of 2017) and Munna @ Surendra Pal (Crl. Appeal No. 7192 of 2017) have been convicted under Section 302/149 IPC and sentenced to undergo Rigorous Imprisonment (hereinafter referred to as 'R.I.') for life along with fine of Rs. 20,000/- each. It is also provided that in case of default in payment of fine, each of the accused appellants shall further undergo 6 months additional simple imprisonment. All the aforesaid accused appellants have also been convicted and sentenced under Section 147 IPC to undergo 2 years R.I. and a fine of Rs. 5000/- each. In the event of default in payment of fine they have to suffer 3 months additional simple imprisonment. All the accused appellants have further been convicted and sentenced under Section 148 IPC to serve out 3 years R.I. and a fine of Rs. 5000/- each. In case of default in payment of fine, provision of 3 months additional simple imprisonment was made. Accused appellant Munna @ Surendra Pal has further been convicted and sentenced under Section 30 Arms Act 1959 (hereinafter referred to as "Act, 1959") to undergo 6 months imprisonment with a fine of Rs. 1000/-. In case of default in payment of fine, he is required to undergo one month additional simple imprisonment. Accused appellants Rameshwar, Sukhpal Kewat, Dalpat Kewat, Ram Sewak, Badri Vishal Pal and Ram Narayan have been convicted and sentenced under Section 25 of Act, 1959 to undergo one year Simple Imprisonment and fine of Rs. 1000/- each. In the event of default in payment of fine, each has to undergo additional Simple Imprisonment for one month. All the sentences imposed on appellants are directed to run concurrently.

(2.) Crl. Appeal No. 5947 of 2017 has been filed separately by Ram Sewak against the conviction and sentence u/s 25 of Act, 1959.

(3.) Factual matrix of the case, surfacing from the First Information Report (hereinafter referred to as 'F.I.R.'), as also the evidence available on record, may be stated as under.