JUDGMENT :

Sanjaya Kumar Mishra, J.

1. Five persons, namely, Dulal Ali, Mobin S/o Babu, Mobin S/o Yamin, Sagir Ahmad and Virendra Pal were charge-sheeted by the Investigating Officer of Kashipur Police Station, District Udham Singh Nagar for the alleged commission of offence under Sections 394, 302 and 411 of the Indian Penal Code (hereinafter referred to as “the Penal Code”1860, for brevity) in Case Crime/FIR No. 324 of 2008. Out of the above five persons Mobin S/o Yamin was found to be a juvenile. His case was taken up by the Juvenile Justice Board, Udham Singh Nagar. Rest of the four accused persons faced the trial. Mobin S/o Babu was acquitted of all charges by the learned Additional Sessions Judge, Kashipur. Similarly, Virendra Pal was acquitted of the charges under Sections 394 and 302 of the Penal Code by the learned Sessions Judge, Kashipur, but he was convicted for the offence punishable under Section 411 of the Penal Code. The rest two accused persons, i.e., Sagir Ahamad and Dulal Ali were convicted by the learned Additional Sessions Judge for the offence under Sections 394, 302 and 411 and each of them were sentenced to undergo imprisonment for life and to pay fine of Rs.