PARSHU RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The above three appeals have been filed by the respective appellants assailing the correctness of the judgement and order dated 30.03.2010 passed by Additional Sessions Judge, Court No. 1, Kannauj in four session trials: 1. Session Trial No. 154 of 2007 (State of U.P vs. Parashu Ram and Ashok Kumar) arising out of Case Crime No. 291 of 2006 under Sections 302/34, 307/34, 504 and 506 I.P.C., Police Station- Tirwa, District- Kannuaj; 2. Session Trial No. 160 of 2007 (State of U.P vs. Ashok Kumar @ Ramesh) arising out of Case Crime No. 507 of 2006 under Sections 25/27 Arms Act, Police Station- Tirwa, District- Kannuaj; 3. Session Trial No. 159 of 2007 (State of U.P vs. Parashu Ram) arising out of Case Crime No. 292 of 2006 under Sections 25/27 Arms Act, Police Station- Tirwa, District- Kannuaj and 4. Session Trial No. 147 of 2007 (State of U.P vs. Brijendra @ Hari) arising out of Case Crime No. 291 of 2006 under Sections 302/34, 307/34, 504 and 506 I.P.C., Police Station- Tirwa, District- Kannuaj.

(2.) By the aforesaid judgement, the Trial Judge has convicted appellants, Ashok Kumar and Brijendra @ Hari under Section 302 read with Section 34 I.P.C. and sentenced them to imprisonment for life along with fine of Rs. 10,000/- each. Appellant Parashu Ram has been convicted under Section 307 read with Section 34 I.P.C. and sentenced to undergo 10 years rigorous imprisonment along with fine of Rs. 7,000/-. Appellants Ashok Kumar @ Ramesh and Parashu Ram have been convicted under Sections 25/27 Arms Act and sentenced to 5 years rigorous imprisonment along with fine of Rs. 2,000/- each. Further the trial judge provided that in the event of default in payment of fine, each of the accused would undergo additional imprisonment of 6 months each and lastly all the three appellants have been acquitted of the charges under Sections 504 and 506 I.P.C. by extending them the benefit of doubt.

(3.) Appellant Parashu Ram is on bail whereas appellants Ashok Kumar and Brijendra @ Hari having been denied bail, are in jail. It is relevant to mention here that while co-appellants Ashok Kumar and Brijendra @ Hari are real brothers, the appellant Parashu Ram is their cousin.