1997 Supreme(All) 1483
S.K.PHAUJDAR, N.S.GUPTA
STATE OF UTTAR PRADESH – Appellant
Versus
RAM SAROOP AND HOKAR – Respondent
Advocates Appeared:
H.C.TIVARI, K.P.SHUKLA, Rajul Bhargava
( 1 ) ALL these appeals were taken up together as they arose out of a single judgment dated 12-3-1980 recorded by the IInd Additional Sessions Judge, Mathura, in S. T. No. 409 of 1976 tried along with Sessions Trial Nos. 63 of 1979, 211 of 1979, 409a of 1976 and 409-B of 1976. Twelve persons stood charged in the trial which arose out of case Crimes No. 293 of 1976 and 400 of 1976, relating to police station Virendavan, district Mathura, for different offences under Sections 396 and 412, I. P. C. Eight accused persons stood acquitted while four were found guilty. Pitambar was convicted for an offence under Section 412, I. P. C. and was sentenced to R. I. for three years. Gyasi was also convicted under Section 412, I. P. C. read with Section 25 of the Arms Act and was sentenced to R. I. for four years under Section 412 and for one year under Section 25 of the Arms Act. The sentences were to run concurrently. Hokar and Ram Saroop were convicted under Section 396, I. P. C. and each of them was sentenced to R. I. for seven years. Each individual accused filed a separate appeal, as indicated above, challenging their convictions and sentences. The State has also come up in appeal against
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