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2009 Supreme(All) 742

SHIV CHARAN SHARMA, V.K.VERMA
SURENDRA SINGH – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Ajay Sengar, Amit Manohar, KAPIL RATHORE, MANOJ SRIVASTAVA, S.P.TIWARI, S.S.Rathore, SUBHASH CHANDRA MAHESHWARI,

VIJAY KUMAR VERMA, J.

The ap pellant-accused Surendra Singh has been convicted and sentenced along with co-accused Ajai Pal Singh, Gajendra Singh and Pappu Mahraj @ Vijai Kant to undergo im prisonment for life and to pay a fine of Rs. 10, 000/- with default stipulation under section 302 read with section 34 Indian Pe nal Code (In short the IPC), and ten years rigorous imprisonment and to pay a fine of Rs. 5000/- under section 307 read with sec tion 34 IPC by the judgment and order dated 29. 7. 2008, passed by Sessions Judge Jalaun at Orai, in S. T. No. 164 of 2006 and connected S. T. No. 165 of 2006. He has challenged his conviction and sentence by means of this appeal and also has made prayer for bail pending appeal.

2. Jagat Singh (P. W. I) had lodged an FIR on 25. 3. 2006 at 2. 00 p. m. at P. S. Kotwali Kalpi, District Jalaun, where a case under section 302/307 IPC was registered at Crime No. 198/2006 against Surendra Singh (appellant herein), Ajai Pal Singh, Gajendra Singh and Pappu Maharaj, all residents of village Sarsala situated under the jurisdiction of P. S. Kalpi (Jalaun ). Shorn of unnecessary details, the allegations made in the FIR, in brief, are that on 25. 3. 2006 a

















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