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2011 Supreme(All) 2972

VINOD PRASAD
RAM PAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Renu Singh, Apul Mishra and Manish Tiwary for the Applicants; G.A. for the Opposite Party.

JUDGMENT

Hon’ble Vinod Prasad, J.—Five appellants in the two connected appeals namely Ram Pal (A-1), Vijai Pal (A-2), Netra Pal @ Pahalwan (A-3), Jagveer @ Jaggi (A-4) and Yash Pal (A-5) are aggrieved by their conviction and sentence recorded by 15th Additional Sessions / F.T.C. No. 5, Bulandshahar in S.T. No. 961 of 1994 (State v. Ram Pal and others), dated 31.3.09 by which decision, appellants A-2 and A-3 have been convicted for offences under Sections 395 and 412 I.P.C., appellant A-1 has been convicted under Section 395 I.P.C. and appellants A-4 and A-5 have been convicted under Section 412 I.P.C. For proved each offence, each of the appellant has been sentence to 10 years RI with Rs. 10,000/- fine, the default sentence being six months further RI. Challenges in two connected appeals are to the aforesaid conviction and sentence by the appellants.

2. Recapitulating prosecution allegations against the appellants, as was reported by informant Mahendra Singh (P.W.1), cashier of Government Agriculture school, Bulandshahr, in his written FIR (Ext.Ka-1) coupled with chik FIR (Ext. Ka-17) and later on stated during trial, were that on 1.1.1994 he alongwith Lajja Ram Yadav (lecturer), Hos



































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