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2010 Supreme(SC) 17

V.S.SIRPURKAR, MUKUNDAKAM SHARMA
Sunil Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appearing Parties:A. Sharan, Sr. Advocate, Deepak Singh, Rashid Saeed (for K.S. Rana), Ms. Rachana Srivastava, Noorullah, T.N. Singh, Manoj Kumar Mishra (for Kamlendra Mishra) Advocates.

Judgment :-

V.S. Sirpurkar, J.

This judgment will dispose of two appeals being Criminal Appeal No. 1241 of 2003 and Criminal Appeal No. 1242 of 2003. The High Courts judgment dismissing the appeal and confirming the conviction and sentence is in challenge in these appeals at the instance of the three accused persons, namely, accused Sunil Kumar, accused Tilak Singh and accused Ram Singh. Originally, five accused persons came to be tried for committing offences under Section 304 Part II read with Sections 147, 504 and 302 read with Sections 149, 147 and 504 IPC. They were accused Sunil Kumar, accused Jageshwar, accused Tilak Singh, accused Ram Singh and accused Munna. All the accused persons were charged and convicted for the offence under Section 304 Part II read with Section 149 and Section 147, IPC and were sentenced to suffer rigorous imprisonment for four years. All of them filed appeal before the High Court. However, the High Court convicted all the accused persons.

2. Before us only three accused persons have come up in appeal, they being accused Sunil Kumar and accused Tilak Singh (in Criminal Appeal No. 1241 of 2003) and accused Ram Singh (in Criminal Appeal No. 1242 of 2003









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