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1. Heard Shri Hemant Kumar Mishra, learned counsel for the appellant, Shri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the record.
2. The instant Criminal Appeal under Section 374(2) Cr.P.C. has been filed by the appellants, namely, Om Shanker, Daya Shanker, Ram Pal, Girdhari and Ram Chandra against the judgment and order dated 23.07.2008 passed by the learned Additional Session Judge, Court No.5, District- Unnao in S.T. No.395 of 2005, arising out of Case Crime No.226 of 2005, P.S. Auras, District- Unnao, convicting and sentencing the appellants under Section 304 Part-II I.P.C. to undergo five years rigorous imprisonment each with a fine of Rs.2000/- each; to undergo six months under Section 323 I.P.C.; the appellants namely Om Shankar, Ram Pal, Girdhari and Ram Chandra were further convicted and sentenced to one year rigorous imprisonment under Section 147 I.P.C. whereas appellant no.2-Daya Shankar was convicted and sentenced to one year rigorous imprisonment under Section 148 I.P.C.; the appellants Om Shankar and Daya Shankar were further convicted and sentenced to one year rigorous imprisonment under Section 354 I.P.C. and further they were also convicted and sentenced to two years rigorous imprisonment with a fine of Rs.1000/- under Section 452 I.P.C. In default of payment of fine to further undergo rigorous imprisonment of one year to each appellants whereas in default of payment of fine with regard to Sectoin 452 I.P.C., appellants Om Shankar and Daya Shankar were directed to further undergo rigorous imprisonment for six months. All the sentences were ordered to run concurrently.
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