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2024 Supreme(SC) 207

B. R. GAVAI, SANDEEP MEHTA
Vinod Katara – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rishi Malhotra, AOR Mr. Jaydip Pati, Adv. Mr. Utkarsh Singh, Adv.
For the Respondent(s): Mr. Ardhendumauli Kumar Prasad, Sr. A.A.G. Mr. Vishnu Shankar Jain, AOR Mr. Parth Yadav, Adv. Ms. Mani Munjal, Adv. Ms. Marbiang Khongwir, Adv. Mr. Ashish Kumar Dwivedi, Adv. Mr. Sanjeev Malhotra, AOR

JUDGMENT :

Mehta, J.

1. This writ petition arises from a very peculiar set of facts and circumstances.

2. The petitioner herein was arraigned as an accused for the offence of murder committed on 10th September, 1982. The petitioner along with three co-accused was convicted by the trial Court for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860(hereinafter being referred to as ‘IPC’) vide judgment dated 6th January, 1986 and were sentenced to undergo rigorous imprisonment for life.

3. The convicts including the petitioner herein preferred Criminal Appeal No. 133 of 1986 before the Allahabad High Court. During the pendency of appeal, the sentence awarded to the petitioner by the trial Court was suspended and he was released on bail. The said appeal came to be rejected vide judgment dated 4th March, 2016 and the conviction of the petitioner and the sentence awarded to him by the trial Court were affirmed. The petitioner was taken into custody after the dismissal of the appeal by the High Court.

4. The petitioner preferred Special Leave Petition (Crl.) No.6048 of 2016 assailing the judgment rendered by the Allahabad High Court. The said Special Le

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