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2014 Supreme(Del) 1917

S.P.GARG
Santoshanand Avdoot @ Ghanshyam Prashad – Appellant
Versus
State – Respondent


Advocates appeared:
For the Appellants: Sima Gulati, Shikha Pandey, Arvind Kumar, Radhe Shyam Sharma,
Ranjan Sharma, Advocates.
For the Respondent:Narender Mann, Spl.P.P. with Manoj Pant, Advocate, Insp. Yasir Arafat.

Judgment :

S.P. Garg, J.

1. The appellants – Santoshanand Avadhoot @ Ghan Shyam Prasad (A-1); Ram Janam Dwivedi @ Ranjan Dwivedi (A-2) and Sudevanand Avadhoot @ Misri Lal Yadav (A-3) impugn a judgment dated 28.10.1976 of learned Addl. Sessions Judge in Sessions Case No. 9/1976 arising out of RC 11/75/CIU/SPE/CBI by which they were held guilty for committing offences under Section 120 B (1) Indian Penal Code (in short ‘IPC’). A-1 and A-3 were also held guilty under Section 307 IPC and Section 4 (b) Explosive Substances Act 1908. By an order dated 01.11.1976, A-1 and A-3, were sentenced as under:

(i) Rigorous imprisonment (in short ‘RI’) for seven years under Sections 120B (1) read with Section 115 IPC.

(ii) RI for ten years under Section 307 IPC for the attempt to murder CJI.

(iii) RI for ten years under Section 307 IPC for the attempt to murder Sh.Ajoy Nath Ray.

(iv) RI for ten years under Section 307 IPC for the attempt to murder Jamadar Jai Nand.

(v) RI for ten years under Section 307 IPC for the attempt to murder driver Inder Singh.

(vi) RI for seven years under Section 4 (b), Explosive Substances Act, 1908.

A-2 was awarded RI for four years under Section 120B(1) read with

























































































































































































































































































































































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