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2015 Supreme(All) 843

SHASHI KANT GUPTA, OM PRAKASH
AMAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rahul Misra, Hemendra Pratap Singh, H.C. Tiwari, P.N. Mishra, Apul Misra and Jai Narayan for the Appellant; A.G.A. for the Respondent.

JUDGMENT

Hon’ble Om Prakash-VII, J.—All the four aforesaid connected criminal (capital) appeals have been filed by the accused appellants Amar Singh, Kamlesh, Kehari Singh, Rakesh, Kanti and Budhsen alias Raju against the judgement and order dated 20.12.2010 passed by the learned Additional Sessions Judge, Kashi Ram Nagar in Sessions Trial No. 138 of 2009 (State v. Budhsen alias Raju and others) pertaining to crime No. 46 of 2009 under Sections 147, 149, 302 IPC, Police Station Amapur, District Kashi Ram Nagar whereby all the accused appellants have been convicted and sentenced to death punishment under Section 302 IPC and further to undergo one year rigorous imprisonment under Section 147 IPC.

2. Concerned Court through the learned Sessions Judge, Kashi Ram Nagar had also sent a Reference No. 1 of 2011 under Section 366 Cr.P.C. for confirmation of the death sentence, which is also connected with the aforesaid criminal (capital) appeals.

3. Since all the aforesaid four connected criminal (capital) appeals arise out of the same judgment and order passed in sessions trial No. 138 of 2009 and have been heard together, therefore, they are being decided alongwith the reference by a commo



























































































































































































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