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2004 Supreme(SC) 914

B.N.AGARWAL, H.K.SEMA
State Of U. P. – Appellant
Versus
Kishan Chand – Respondent


JUDGMENT

Sema, J.-Nine accused were put on trial before the Addl. Sessions Judge. During the pendency of the trial, one accused died, therefore, eight accused have faced the trial. At the end of the trial, the trial court acquitted accused Nos. 6, 7 and 8 of all the charges. No appeal was preferred by the State against their acquittal. The five accused (respondents herein) namely Kishan Chand, Rama Shankar, Ram Chandra, Gauri Shankar and Chhotey Lal were convicted under various Sections of Law as follows:-

2. Accused Kishan Chand was sentenced to undergo life imprisonment under Sections 302/34 and 302/149 I.P.C. Six months R.I. under Section 323 I.P.C. One years R.I. under Section 148 I.P.C. and 5 years R.I. under Section 307 read with Section 149 I.P.C. and 5 years R.I.

3. Accused Rama Shankar was sentenced to undergo life imprisonment under Section 302 I.P.C. One year R.I. under Section 148 I.P.C. 5 years R.I. under Section 307/149 I.P.C. and 6 months R.I. under Section 323 read with 34 I.P.C.

4. Accused Ram Chandra son of Bala Sukh and Gauri Shanker were sentenced to undergo life imprisonment under Section 302 read with Section 34 I.P.C. and Section 302 read with Section 149 I.P.C.




















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