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2017 Supreme(All) 471

ARVIND KUMAR TRIPATHI, SHAILENDRA KUMAR AGRAWAL
CHHOTUKU – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
V.C. Tiwari, Chandra Prakash Awasthi, Siya Ram Sahu, Arvind Kumar Srivastava (A.C.), Rajrshi Gupta, Dileep Kumar and S.C. Sahu for the Appellants; A.G.A. for the Respondent.

JUDGMENT :

Shailendra Kumar Agrawal, J.

1. Both the aforesaid criminal appeals have been preferred against the judgment and order dated 24.1.1986 passed by Sessions Judge Banda in the Session Trial No. 305 of 1985 (State of U.P. Vs. Chhotuku Singh and five others), under Sections 147 I.P.C. and 302 read with Section 149 I.P.C. PS-Atarra, District-Banda, by which the appellants namely Chhotuku, Babu @ Rajendra Singh, Chandrapal Singh, Giyan Singh, Laltu Singh and Arjun Singh were convicted and sentenced to undergo two years of R.I. under Section 147 I.P.C. and sentenced to life imprisonment under Section 302/149 I.P.C. each.

2. Heard Shri Arvind Kumar Srivastav, learned counsel appearing as amicus curiae on behalf of appellants Giyan Singh and Arjun Singh, Sarvshree Mr. Rajrshi Gupta, learned Advocate, appearing on behalf of appellant Chhotuku Singh, Mr. C.P. Awasthi and Mr. S.C. Sahu, learned counsels, appearing on behalf of appellants Chhotuku Singh, Babu @ Rajendra Singh and Laltu Singh and Shri Mahendra Singh Yadav learned A.G.A. for the State and perused the record. During the pendency of the appeal, the appellant Chandrapal died and his appeal was abated vide order dated 5.11.201









































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