KAILASH Vs. STATE OF U P
LAWS(ALL)-2021-5-31
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on May 21,2021

KAILASH Appellant
VERSUS
STATE OF U P Respondents


Referred Judgements :-

BALVIR SINGH VS. STATE OF M.P. [REFERRED TO]
SADHU SINGH HAMAM SINGH VS. STATE OF PEPSU [REFERRED TO]
DHARAM PAL VS. STATE OF UTTAR PRADESH [REFERRED TO]
PUNDALIK MAHADU BHANE VS. STATE OF MAHARASHTRA [REFERRED TO]
VINEET KUMAR CHAUHAN VS. STATE OF U P [REFERRED TO]
VIRENDRA SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]


JUDGEMENT

RAMESH SINHA, J. - (1.)The four persons, namely, Kailash, Badey Lal, Munna Lal and Sipahi alias Nanh were tried by the Additional Sessions Judge, Court No. 5, Barabanki in Sessions Trial No. 256 of 2007 : State Vs. Bade Lal and others for offences punishable under Sections 302/34, 307/34, 426, 504 and 506 of the Indian Penal Code. In addition, appellant-Kailash was also tried in the aforesaid sessions trial for the offence punishable under Section 3/25 of the Arms Act by the Additional Sessions Judge, Court No.5, Barabanki. Vide judgment and order dated 30.07.2009, the learned Sessions Judge acquitted appellants, Kailash, Badey Lal, Munna Lal and Sipahi alias Nanh, for offences punishable under Sections 307/34, 504, 506 and 426 of the Indian Penal Code but convicted and sentenced them in the manner stated hereinafter :--
(i) Under Section 302/34 of the Indian Penal Code to undergo imprisonment for life and to pay a fine of Rs.2000/- each, in default to undergo additional one year each rigrous imprisonment; and

(ii) Under Section 323 read with Section 34 of the Indian Penal Code to undergo six months' R.I.

The trial Court directed the sentences of appellants on all the counts to run concurrently.

(2.)Aggrieved by his convictions and sentences, Kailash preferred before this Court Criminal Appeal No. 1989 of 2009, whereas Badey Lal, Munna Lal and Sipahi alias Nanh preferred Criminal Appeal No. 1982 of 2009.
(3.)Since both these appeals arise out of a common factual matrix and impugned judgment, we are disposing them of by a common judgment.


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