SATISH Vs. STATE OF U.P.

JUDGEMENT

(1.) Since both the appeals have been filed against a common judgment, the same are being decided by a common judgment.

(2.) These appeals arise against the judgment of conviction and order of sentence dated 10.03.2006 passed by the Additional Sessions Judge/F.T.C.-IInd, Pratapgarh in Sessions Trial No.566 of 1994, arising out of Case Crime No.30 of 1992, under Sections 148 , 307 / 149 , 302 / 149 I.P.C., Police Station Sangipur, District Pratapgarh, whereby the learned Additional Sessions Judge has convicted the accused-appellants namely Chattish @ Satish, Saheb @ Sushil Kumar, Sante @ Vijay Kumar, Brijesh Kumar and Harish Mishra under Sections 302 read with Section 149 , 307 read with Section 149 and 148 I.P.C. and sentenced them under Section 302 read with Section 149 I.P.C. to undergo life imprisonment with fine of Rs.5,000/- each, under Section 307 read with Section 149 IPC for seven years rigorous imprisonment with fine of Rs.2,000/- each and under Section 148 I.P.C. for two years' rigorous imprisonment with fine of Rs.1,000/- each, in default of payment of fine, they shall undergo six months' additional rigorous imprisonment under each aforesaid Sections.

(3.) At earlier occasion, the learned members of the Division Bench, Hon'ble Prashant Kumar and Hon'ble Dinesh Kumar Singh, JJ. hearing the appeals, had given different opinion and delivered separate judgements in the aforesaid appeals. Hon'ble Prashant Kumar, J. vide order dated 27.10.2018 allowed the aforesaid appeals and set aside the impugned order of conviction and sentence dated 10.03.2006. Hon'ble Dinesh Kumar Singh, J. vide order dated 27.10.2018 dismissed the aforesaid appeals upholding the impugned order of conviction and sentence.