BHARAT BHUSHAN, SHAILENDRA KUMAR AGARWAL
MOHD. SHAFI @ PAPPU – Appellant
Versus
STATE OF U. P. – Respondent
(Delivered by Hon'ble Bharat Bhushan, J.)
1. Appellants Mohammad Shafi alias Pappu, Rafiq, Fakaru, Ahmad and Rahimuddin have preferred aforementioned criminal appeals against judgment and order dated 15.9.2007 passed by Additional Sessions Judge (Fast Tract Court No. 2), Gautam Buddh Nagar in Sessions Trial No. 123 of 2001 (State versus Jameel and others) arising out of Case crime no. No. 91 of 2000 under section 396 read with Section 149 Indian Penal Code (in short, IPC), Sections 412, 201, 420 IPC, read with Section 149 IPC, Police Station (in short, P.S.) Surajpur, District Gautam Buddh Nagar and appellants were sentenced to life imprisonment and fine of Rs. 50,000/- under section 396 read with section 149 IPC with default stipulations; rigorous imprisonment for ten years and fine of Rs. 5,000/- with default stipulation under section 412 IPC; three years rigorous imprisonment and fine of Rs. 5,000/- under section 201 IPC with default stipulation under section 201 IPC; and three years rigorous imprisonment and fine of Rs. 5,000/- with default stipulation under section 420 IPC.
2. Appellants were, however, acquitted under section 307 IPC read with section 149 IPC.
3. Both
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