UMESHWAR PANDEY, J.

( 1 ) THE aforesaid three Criminal Appeals and Capital sentence Reference arise out of the impugned judgment and order of convictioand sentence dated 21-5-2003 rendered in sessions Trial No. 89 of 1998 by Addl. Sessions Judge, Lalitpur. Since the judgment and order challenged in these criminal appeals is one and the same which is the subject matter of the Capital Sentence Reference made by the learned trial Judge, all the appeals and the reference are herewith, taken up together for disposal.

( 2 ) THE appellant accused Phool Chand stood his trial on the charges for the offences punishable under Sections 147, 364 read with Sections 149 and 302 read with Section 149 I. P. C. before the Addl. Sessions Judge and he was convicted and sentenced as following :

(a) for the offence punishable under Section 147 I. P. C. he was sentenced to imprisonment lor the period already spent by him in the lockup; (b) for the offence punishable under Section 364 read with Section 149 I. P. C. he was sentenced to undergo rigorous imprisonment for a term of five years and to pay a fine of Rs. 5,000. 00, in default of payment of which he was further directed to undergo rigorous imprison

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