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2011 Supreme(SC) 132

B.SUDERSHAN REDDY, S.S.NIJJAR
Wakkar – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

B. Sudershan Reddy, J. —

1. These three appeals by special leave arise out of a common judgment made in Criminal Appeal Nos. 445 of 2005, 701 of 2005 and Capital Sentence Reference No. 2 of 2005, dated 7th October, 2005 on the file of High Court of Judicature at Allahabad. The appellants in Criminal Appeal No. 200 of 2006 along with other accused by name Akhlaq, Salman and Nanha Pahalwan were tried for offences punishable under Sections 148, 302 read with Sections 149 and 201, IPC and Section 25 (4) of the Arms Act. The trial Court sentenced all the five accused persons to death for the offences punishable under Section 302 read with Section 149, IPC. Various other sentences have been awarded to the accused for the offences punishable under Sections 148 and 201, IPC. They were also sentenced to undergo rigorous imprisonment for six months each for the offence punishable under Section 25(4) of the Arms Act. The aggrieved appellants in Criminal Appeal No. 200 of 2006 along with co-accused Nanha Pahalwan and Salman have preferred their appeals in one set jointly being Criminal Appeal No. 445 of 2005 and the other accused Akhlaq preferred Criminal Appeal No. 701 of 2005 in the



































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