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2019 Supreme(All) 133

ALLAHABAD HIGH COURT
Ramesh Sinha, Dinesh Kumar Singh, JJ.
Aniruddha – Appellant
Vs.
State of U P – Respondent
Criminal Appeal No. 5292 of 2016, 5489 of 2016, 5617 of 2016
Decided On : 15-02-2019

Advocates Appeared:
Ved Prakash Shukla, Adv., Manish Tiwary, Adv., Jitenrda Kumar Ojha, Adv., Lal Chandra Mishra, Adv., P.K. Singh, Adv., Amarnath Tiwari, Adv., Dev Prakash Singh, Adv., Girja Shanker Mishra, Adv., Mahendra Prasad Mishra, Adv., Rajiv Lochan Shukla, Adv.

JUDGMENT :

Dinesh Kumar Singh, J.

Heard Sri Amarnath Tiwari, Sri Manish Tiwary, Sri Rajiv Lochan Shukla, learned counsel for the appellants and Sri S.K. Pal, learned Government Advocate assisted by Sri J.P. Tripathi, learned A.G.A. for the State.

2. Criminal Appeal No. 5292 of 2016 has been preferred by the appellant Aniruddha S/o Mata Badal, against the judgment and order dated 21.9.2016 passed by Special Judge, D.A.A. Act/Additional Sessions Judge, Court No. IV, Chitrakoot in S.S.T. No. 240 of 2006 arising out of Case Crime No. 53 of 2006 (State of U.P. Vs. Aniruddha), u/s 148, 201/149, 404/149, 427/149, 302/149 IPC and u/s 14 D.A.A. Act, P.S. Manikpur, whereby the appellant has been sentenced as mentioned in the chart below.

3. Criminal Appeal No. 5489 of 2016 has been preferred by the appellants- Phool Chandra S/o Jwala Prasad Dubey, Sunil Dwivedi S/o Mewa Lal against the judgment and order dated 21.9.2016 passed by Special Judge, D.A.A. Act/Additional Sessions Judge, Court No. IV in S.S.T. No. 226 of 2006 arising out of Case Crime No. 53 of 2006 (State of U.P. Vs. Phool Chand and another), u/s 148, 201/149, 404/149, 427/149, 302/149 IPC and u/s 14 D.A.A. Act, P.S. Manikpur, whereby the appellants have been sentenced as mentioned in the chart below.

4. Crl. Appeal No. 5617 of 2016 has been preferred by Heera Lal Tiwari S/o Rajaram and Hari Shankar Tiwari S/o Sundar Lal Tiwari against the judgment and order dated 21.9.2016 passed by Special Judge, D.A.A. Act/Additional Sessions Judge, Court No. IV in S.S.T. No. 226 of 2006 arising out of Case Crime No. 53 of 2006 (State of U.P. Vs. Phool Chand and another), u/s 148, 201/149, 404/149, 427/149, 302/149 IPC and u/s 14 D.A.A. Act, P.S. Manikpur, whereby the appellants have been sentenced as mentioned in the chart below:-

5. It may be clarified here that the trial court has decided S.S.T No. 226 of 2006 and S.S.T. No. 240 of 2006 together because they related to the same offence.

Sr. No.

Name

148 IPC

201/149 IPC

404/149 IPC

427/149 IPC

302/149 IPC and 14 D.A.A.

1

Phool Chand

6 months R.I. Fine Rs. 5,00/- In default of payment of fine, additional imprisonment of one month

5 years R.I. Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of one year

5 years R.I. Fine Rs. 2,000/- In default of payment of fine, additional imprisonment of three months

1 year R.I. Fine Rs. 2,000/- In default of payment of fine, additional imprisonment of three months

Life imprisonment with no remission, Fine of Rs. 5,000/- In default of payment of fine, additional imprisonment of three years

2

Heera Lal Tiwari

6 months R.I. Fine Rs. 5,00/- In default of payment of fine, additional imprisonment of one month

5 years R.I. Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of one year

5 years R.I. Fine Rs. 2,000/- In default of payment of fine, additional imprisonment of three months

1 year R.I. Fine Rs. 2,000/- In default of payment of fine, additional imprisonment of three months

Life imprisonment with no remission, Fine of Rs. 5,000/- In default of payment of fine, additional imprisonment of three years

3

Sunil Dwivedi

6 months R.I. Fine Rs. 5,00/- In default of payment of fine, additional imprisonment of one month

5 years R.I. Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of one year

5 years R.I. Fine Rs. 2,000/- In default of payment of fine, additional imprisonment of three months

1 year R.I. Fine Rs. 2,000/- In default of payment of fine, additional imprisonment of three months

Life imprisonment with no remission, Fine of Rs. 5,000/- In default of payment of fine, additional imprisonment of three years


























































































































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