Anil Kumar Srivastava-II, J. –

Sri Maneesh Kumar Singh and Farooq Ayoob, learned counsel for the appellants and Mrs. Madhulika Yadav, learned Additional Government Advocate for the State were heard at length.

2. All the three criminal appeals i.e. [Criminal Appeal No. 97 of 2011-Kalp Narain v. State of U.P.], [Criminal Appeal No. 292 of 2011-Shivkaran Shukla v. State of U.P.] and [Criminal Appeal No. 144 of 2011-Kalp Narain v. State of U.P.] arise out of the same judgment, therefore, the same are being disposed of together.

3. Criminal Appeal No. 292 of 2011 has been preferred by appellant Shivkaran Shukla, Criminal Appeal No. 97 of 2011 has been preferred by appellant Kalp Narain Sharma challenging their conviction under Section 302 IPC while Criminal Appeal No. 144 of 2011 has been preferred by the appellant Kalp Narain Sharma challenging his conviction under Arms Act.

4. Under challenge in these criminal appeals is the judgment and order dated 24.12.2010 passed by learned Additional Session Judge, Court No. 4, Barabanki in Session Trial No. 456 of 2005 arising out of Case Crime No. 104 of 2005 and Session Trial No. 458 of 2005 arising out of Case Crime No. 119 of 2005, Poli