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1957 Supreme(SC) 106

B.P.SINHA, J.L.KAPUR, P.GOVINDA MENON
Kapil Deo Shukla – Appellant
Versus
State Of U. P. – Respondent


Advocates:
B.C.MISHRA, C.P.LAL, G.C.MATHUR, S.P.SINHA

Judgment

SINHA, J. : This appeal by special leave is directed against the judgment and order dated August 12, 1953, of a Division Bench of the Allahabad High Court (Desai and Beg, JJ.), setting aside the order of acquittal passed by the learned Additional Sessions Judge at Allahabad, dated July 31, 1950, in Sessions trial No. 22 of 1949. The appellant had been charged under Ss. 408 and 477-A of the Indian Penal Code, and tried by jury of five. The jury returned a unanimous verdict of not guilty. The learned Additional Sessions Judge accepted the verdict of the jury and acquitted the accused. On appeal by the Government of Uttar Pradesh, the High Court in a judgment covering about 130 typed pages, set aside the order of acquittal, and convicted the appellant under the sections aforesaid, and sentenced him to rigorous imprisonment for four years and a fine of ten thousand rupees, in default of payment, further rigorous imprisonment for one year under S. 408, Indian Penal Code, and to rigorous imprisonment for four years under S. 477A, Indian Penal Code, the sentences of imprisonment under the two sections to run consecutively. Out of the fine, if realized, seven thousand rupees was di














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