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2011 Supreme(All) 3311

VINOD PRASAD
Chhotey Singh and others – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Appellants :S.P. Singh Raghav, Ram Babu Sharma, D.R. Chaudhary and D.M. Singh (A.C.)., Counsel for the Respondent: A.G.A.

Vinod Prasad, J.:-

Nine appellants Chhotey Singh A-1, Samai Singh A-2, Bani Singh A-3, Gajendra A-4, Ompal A-5, Nawab Singh A-6, Veer Singh A-7, Prempal Singh A-8 and Hari Raj A-9 have come up to this court challenging their convictions and sentences recorded by IInd Additional Session's Judge, Bulandshahr in S.T. No. 287 of 1980,State Vs. Chhote Singh and others, P.S. Anupshahr, District Bulandshahar. All the appellants but for A-3 and A-5 have been convicted u/s 147 IPC while A-3 & 5 have been convicted u/s 148 IPC. Jointly all the appellants have been convicted u/s 452, 304(II)/149 IPC. For the offence under Section 147 IPC 1 ½ years RI, u/s 148 I.P.C. 2 years RI, u/s 452 2 years RI and u/s 304(II)/149 10 years RI are the imposed sentences. All the sentences have been ordered to run currently.

2. Background facts, as was informed to the police through written report Exhibit Ka-1 coupled with Chik FIR Exhibit Ka-2 and statement of fact witnesses during trial, indicate that because of existing enmity between informant Hari Singh and the accused A-1 and A-9 coupled with Makbool Singh (since dead), all the appellants climbed on the roof of informant's house and stepped down from stair


























































































































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