JUDGEMENT
Ram Krishna Gautam, J. -
(1.)Both the appeals namely Jail Appeal No.4351 of 2010 and Criminal Appeal No. 5118 of 2002 have been preferred against a common judgment and order dated 13.11.2002 passed by Sri Raja Ram Saroj, Additional Sessions Judge, Fast Track Court No.3, Meerut in Sessions Trial No.95 of 1995 and Sessions Trial No.1201 of 1995.
(2.)Jail Appeal No.4351 of 2010 has been preferred under Section 383 Cr.P.C. by Raj Pal through Jail Superintendent, Agra whereas Criminal Appeal No.5118 of 2002 has been filed by accused-appellants Vikram Singh, Satya Pal and Tara.
(3.)By impugned judgment dated 13.11.2002 accused-appellants Rajpal and Vikarm have been convicted and sentenced under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") to life imprisonment with a fine of Rs.10,000/-. In default of payment of fine, they will undergo further imprisonment of six months. It was further provided that out of the amount of fine of Rs.20,000/-, Rs.10,000/- shall be paid to the widow of deceased-Raj Kumar and remaining amount shall be deposited in Government treasury. Accused-appellants Tara and Satyapal have been convicted and sentenced under Section 302 IPC read with 34 IPC to life imprisonment and fine of Rs.10,000/- each. In case of default in payment of fine, they have to further undergo six months additional imprisonment. Out of the amount of fine so recovered Rs.10,000/- has to be paid to the widow of deceased-Ram Kumar and remaining amount would be deposited in Government treasury. Further, accused-appellants Raj Pal, Vikram, Tara and Satyapal have been convicted and sentenced under Section 323 IPC read with 34 IPC to undergo one year simple imprisonment each.
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