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1996 Supreme(All) 300

G.MALAVIYA, KUNDAN SINGH
Maiku – Appellant
Versus
State – Respondent


Advocates appeared:
A.D.Giri, N.K.Roy, A.K.Rathore, B.P.Singh

Judgment :

Kundan Singh, J.

1. THIS appeal has been preferred against the Judgment and order dated 30.1.80, passed by Sri K. L. Sharma, the then IVth Addl. Sessions Judge, Allahabad, whereby each of the appellants Maiku, Jai Ram, Ram Surat. Chandrasi, Tillu, Bire and Banarasi have been convicted under Section 147, I.P.C. and sentenced to one year's R. I. They have further been convicted under Section 148, I.P.C. and sentenced to two years' R. I., each. They have also been convicted under Section 302, I.P.C. read with 149, I.P.C. and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000, each. In default of payment of fine within a period of three months, the defaulter has been directed to undergo further rigorous imprisonment for a term of 2 years. The appellants have also been convicted under Section 307, I.P.C. with Section 149, I.P.C. and sentenced to ten years' R. I. and a fine of Rs. 1,000, each. In default of payment of fine within a period of three months, the defaulter has been directed to undergo further R. I. for two years. However, sentences passed under different counts were directed to run concurrently in Sessions Trial No. 372 of 1977.

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