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2022 Supreme(SC) 663

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Khema @ Khem Chandra Etc. – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rajul Bhargav, Sr Adv Mr. Ashish Garg, Adv Mr. Kartikeya Bhargava, Adv Mr. Rajiv K Garg, Adv Mr. T. L. Garg, AOR
For the Respondent(s): Ms. Garima Prashad, Sr. Adv./AAG Mr. Vishnu Shankar Jain, AOR Mr. S.R. Singh, Sr. Adv. Mr. Sushant Kumar Yadav, Adv. Mr. Prateek Yadav, Adv. Mr. Pradeep Yadav, Adv. Mr. Adarsh Verma, Adv. Mr. Prithvi Yadav, Adv. Mr. Gaurav Lomes, Adv. Mr. Sanjeev Malhotra, AOR

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. These appeals challenge the judgment and order dated 30th April 2019 passed by the High Court of Judicature at Allahabad in Criminal Appeal Nos. 6961, 7260 and 6227 of 2006, thereby dismissing the appeals filed by the appellants and confirming the judgment and order dated 28th September 2006 passed by the Additional Sessions Judge, Court No. 4, Mathura (hereinafter referred to as “trial court”) in Sessions Trial Nos. 515 and 655 of 2002 convicting the appellants for offences punishable under Section 302 read with Section 149, Section 307 read with Section 149 and Section 148 of the Indian Penal Code, 1860 (for short ‘IPC’) and sentencing them to undergo imprisonment for life with a fine of Rs. 5,000/- each.

3. The prosecution case in brief is thus :

The marriage of two daughters of deceased Prakash was to be solemnized on 1st May 2002. On 27th April 2002 at around 08.00 am, when deceased Prakash and his wife Kripa were going to extend invitation to their relatives, near the house of accused Deepi, all the accused persons who were hiding themselves inside the house, came out carrying weapons. Accused Deepi and Kanhaiya were having farsa with


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