JUDGMENT :

Rajan Roy, J.

Heard Sri Jyotindra Mishra, learned Senior Counsel assisted by Sri Kaushlendra Tewari and Sri Kapil Mishra, Advocate for appellant and Sri Umesh Verma, learned A.G.A. for the State.

2. Both these appeals have been filed under Section 374(2) Cr.P.C. challenging the common judgment and order dated 20.02.2010 passed by Special Judge SC/ST Act, Lucknow in Session Trial No. 387 of 2003 (Case Crime No. 340 of 2002) and Sessions Trial No. 388 of 2003 (Case Crime No. 351 of 2002).

3. The appellant of Appeal No. 509 of 2010, Phool Chandra Yadav has been convicted under Sections 302, 504, 506 I.P.C. and Section 3(2)(v) SC/ST Act and in Sessions Trial No. 387 of 2003 he has been convicted under Section 4/25 of Arms Act in Sessions Trial No. 388 of 2003.

4. Appellant of Appeal No. 625 of 2010, Vidya has been convicted only under Section 302, 504, 506 I.P.C. and Section 3(2)(v) SC/ST Act in Sessions Trial No. 387 of 2003.

5. As per the prosecution story, at 7.00 a.m. on 25.11.2002 when the deceased Ram Bali Raidas left his house for going to work to Khairabad by railway