CRIMINAL APPEAL No. 1509 of 2007 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 1509 of 2007 Farzan .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Triveni Prasad Counsel for Respondent(s) : G.A. Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for appellant and learned Additional Government Advocate for respondent-State. 2. The instant Criminal Appeal under Section 374(2) CrPC has been filed against judgment and order dated 30.06.2007 passed by Court of Additional Sessions Judge F.T.C. Vth, Lucknow in Sessions Trial No.340 of 2005, State v. Gaya Prasad & Ors., arising out of Case Crime No.37 of 1999, under Sections 41/411, 403, 413 I.P.C., Police Station Madiaon, District Lucknow, convicting and sentencing the appellant as under:- (i) under Sections 41/ 411 I.P.C. to two years rigorous imprisonment and under Section 403 I.P.C. to one year rigorous imprisonment and both sentences are run concurrently. 3. As per prosecution version, incident is said to have taken place on 01.02.1999, when police party on the basis of information received apprehended complainant near the engineering college crossing at about 7:35 p.m. along with co-accused wh