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2017 Supreme(All) 1289

SHAILENDRA KUMAR AGRAWAL
MANOJ KUMAR GUPTA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
From Jail and Jagriti Singh (A/C) for the Appellant; A.G.A. for the Respondent.

JUDGMENT :

Hon'ble Shailendra Kumar Agrawal, J.

1. This jail appeal has been filed against the judgment and order dated 04.02.2015 passed by Additional Sessions Judge, Court No. 3, Fatehpur in Sessions Trial No. 245 of 2013 (State vs. Manoj Kumar Gupta), arising out of case crime no. 153 of 2012, under Sections 307, 504 IPC, P.S. Ghazipur, District Fatehpur, convicting and sentencing the appellant under Section 307 IPC for ten years' rigorous imprisonment along with fine of Rs. 20,000/- and in default of payment of fine to further undergo one year's imprisonment and under Section 504 IPC for two years' imprisonment.

2. In brief the prosecution story is that the marriage of Anshu Devi, sister of the informant/PW-1 Sikkhu was solemnized with Manoj, accused-appellant 15 years ago; that from their wedlock three children were born and they are pursuing their studies at the house of their Nana (maternal grand father) at Churiyani; that on the occasion of Raksha Bandhan, sister of the informant had come to her maternal home at Churiyani, that on 14.10.2012 at about 7.00 pm, the accused-appellant (husband of sister of the informant) came at Churiyani and during the course of conversation in












































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