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2024 Supreme(SC) 428

B. R. GAVAI, SANDEEP MEHTA
Jagvir Singh – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Ram Kishor Singh Yadav, AOR
For the Respondent(s): Mr. Vishnu Shankar Jain, AOR

1. The instant appeal is directed against the judgment dated 10th May, 2019 passed by the Division Bench of the High Court of Allahabad whereby the Criminal Appeal No. 6318 of 2003 preferred by the appellant for challenging the judgment dated 25th November, 2003 and the order of sentence dated 27th November, 2003 passed by the learned Additional Sessions Judge No. 1, Mainpuri (hereinafter being referred to as the ‘trial Court’) in S.T. No. 56 of 2003 was rejected.

2. By the said judgment, learned trial Court convicted the accused appellant and accused Omkar for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter being referred to as ‘IPC’) while acquitting accused Sobran and Durvin from the charges. The accused appellant as well as accused Omkar were sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

This Court is informed that accused Omkar has served out the sentence awarded to him and was released on remission.

Brief facts:

3. The first informant-Ram Naresh (PW-5) gave a written report (Ex.Ka.15) a

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