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2022 Supreme(SC) 118

A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
Pappu – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Siddhartha Dave, Sr. Adv. Mr. Siddharth, AOR Ms. Jemtiben AO, Adv. Mr. Vibhor Jain, Adv. Ms. Sakshi Jain, Adv. Ms. Vidhi Thaker, Adv. Mr. Amit Kumar Agrawal, Adv.
For the Respondent(s): Mr. Vinod Diwakar, AAG Ms. Alka Sinha, Adv. Mr. Anuvrat Sharma, AOR

Judgement Key Points

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JUDGMENT :

DINESH MAHESHWARI, J.

Table of Contents

Preliminary

2

Relevant factual and background aspects

6

Prosecution Evidence

9

Defence Version and Evidence

19

Trial Court found the appellant guilty and awarded death sentence

19

High Court confirmed the death sentence awarded to the appellant

24

Rival Submissions

28

The scope and width of these appeals

46

Concurrent findings of fact: whether requiring interference in these appeals

52

Whether death sentence be maintained or substituted by any other sentence

76

Conclusion

97

Preliminary

1. These appeals by special leave are directed against the judgment and order dated 06.10.2017 in Reference No. 13 of 2016 and Capital Case No. 6601 of 2016 whereby, the High Court of Judicature at Allahabad has affirmed the judgment and order dated 07/08.12.2016 in Sessions Case No. 414 of 2015, as passed by the Additional Sessions Judge, Court No. 2, Kushinagar and while upholding the conviction of the appellant of offences punishable under Section

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