CRIMINAL APPEAL No. 56 of 2010 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 56 of 2010 Azimulla @ Dallay @ Alimullah .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Rajan Singh Counsel for Respondent(s) : Govt. Advocate Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the appellants and learned Additional Government Advocate for the State as well as perused the record. 2. This Criminal appeal has been preferred under section 374(2) Cr.P.C. read with section 389 Cr.P.C. against the judgment and order dated 23.12.2009 passed by Sri Ram Pyare (H.J.S.), Additional Sessions Judge/F.T.C.-IV, Court No. 13, Sultanpur in Sessions Trial No. 11/2008 arising out of Case Crime No. 524/1995 under sections 363, 504, 506, 352 IPC and section 3(1)(x) SC/ST (P.A.) Act, Police Station Kadipur, District Sultanpur, convicting the appellant for 3 years rigorous imprisonment and fine of Rs. 1,000/-, failing to deposit the same, further one month rigorous imprisonment. 3. The brief matrix of the case is that as per the prosecution story, on 03.11.1995 at about 8:00 A.M., the accused persons, namely Ram Kumar, Ram Ujagir, Ajimulla @ Dallu and othe