HEERA Vs. STATE OF U.P.

JUDGEMENT

(1.) All Criminal Appeals are arising out of the same judgment and order, hence they were heard together and are being decided by common judgment.

(2.) All above criminal appeals have been filed by the appellants Heera, Sheetu, Yogesh, Jagan Pal Shashtri and Rajendra Pal @ Rajendra Singh under Section 374(2) Cr.P.C. against judgment and order dated 10.7.2013 passed by Additional Sessions Judge, Court No. 16 Aligarh in Sessions Trial No. 533 of 2011 (State of U.P. Vs. Heera and others) arising out of Case Crime No. 352 of 2010, Under Sections 307 & 120-B IPC and Session Trial No. 534 of 2011 State Vs. Heera) arising out of Case Crime No. 476 of 2010, under Section 25 Arms Act, Police Station Atrauli, District Aligarh, whereby appellants Heera and Sheetu were convicted under Section 307/34 IPC and sentenced to ten years' rigorous imprisonment with fine of Rs. 20,000/- each; in default of payment of fine one year's additional rigorous imprisonment and appellants Jaganpal Shashtri, Yogesh and Rajendra Pal were convicted under Section 307/120-B IPC and sentenced to ten years' rigorous imprisonment with fine of Rs. 20,000/- each; in default of payment of fine one year's additional rigorous imprisonment. Appellant Heera was also convicted under Section 25 Arms Act with sentenced to one year's rigorous imprisonment and fine of Rs. 10,000/-; in default of payment of fine one month's additional rigorous imprisonment. All sentences shall run concurrently.

(3.) Appellant No. 2 Jagan Pal Shashtri in Criminal Appeal No. 3423 of 2013 has been died during pendency of the appeal, hence appeal filed in his respect was dismissed as abated vide order dated 14.12.2018 passed by this Court.