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2013 Supreme(All) 1913

VINOD PRASAD, SURENDRA SINGH
Vijay Narain Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Appellant : Shishir Tandon , S.P. Giri.
Counsel for the Respondent: A.G.A.

Vinod Prasad, J.:—

These two connected appeals are directed against the impugned judgement and order dated 18.7.2007 passed by Additional Sessions Judge, FTC 1, District Bhadoi Gyanpur (Now Sant Ravi Das Nagar) recorded in S.T.No. 416 of 1998, State versus Shobh Nath and others, by which learned trial Judge has convicted all the four appellants herein namely Vijay Narayan Misra, Shobh Nath, Ram Chandra, and Kailash for committing offences u/s 302/149, 147,148, 323/149,324/149 I.P.C. and has sentenced them for life imprisonment with Rs 5000/= fine, 6months RI, 1 year RI, 6months RI, and 1 year RI respectively for all the charges with further direction that in the event of default of payment of fine each one of the appellants shall undergo 6 months further RI and all the implanted sentences of them shall run concurrently.

Succinctly narrating the prosecution version, as it emerges from the FIR, Ext. Ka-1 and depositions of fact witnesses during the trial, both the factions involved in the incident are the residents of village Kankapur, P.S. Bhadoi district Bhadoi. Rajmani, deceased in the incident was the father of the Hub Narain (PW1/informant) and Yagya Narain (PW2). They have a diff











































































































































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