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2010 Supreme(All) 2613

VINOD PRASAD, RAJESH CHANDRA
DHARMENDRA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Taha Bin Islam, Brijesh Sahai, D.M. Chowdhary, Irshad Ali, Lav Srivastava, M.K. Shukla for the Appellant; Satendra Kumar Singh, Siddharth Saran, A.G.A. for the Opposite Party.

JUDGMENT

Hon’ble Vinod Prasad, J.—Appellant Dharmendra was tried, convicted and sentenced by Additional Sessions Judge, Fast Track Court No. 1, Ghaziabad by it’s impugned judgment and order dated 25.1.2006 passed in S.T. No. 318 of 2004, connected with S.T.163 of 2004,both appellated as State v. Dharmendra, for offences under Sections 302 I.P.C. and 25 Arms Act relating to Crime Nos. 221 of 2003, P.S. Simbhawali (subsequently,Crime No. 318 of 2004, P.S. Babugarh) and Crime No. 222 of 2003 respectively. For the charge of murder life imprisonment with fine of Rs. 20,000/- and in default thereof to under go six months further imprisonment is the implanted sentence whereas for offence under the Arm’s Act, sentence is one year R.I. with fine of Rs. 1000/-, the default sentence being fifteen days additional imprisonment. Called in questioned in this appeal is the legality and sustainability of aforesaid convictions and sentences by the sole appellant.

2. Genesis of the incident was embedded in a written report, Ext. Ka 22, alleged to have been scribed and lodged by the appellant on 18.11.2003 at 8.30 p.m., according to which, textually, appellant is a resident of Bagh Rana Loni, Moradabad








































































































































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