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2019 Supreme(All) 135

ALLAHABAD HIGH COURT
Ramesh Sinha, Dinesh Kumar Singh, JJ.
Bhonda Alias Gotar & Others – Appellants
Vs.
State of U.P. – Respondent
Capital Cases No. 2719 of 2016, Criminal Appeal No. 5194 of 2016, 3252 of 2016
Decided On : 15-02-2019

Advocates Appeared:
Amit Kumar Singh, Adv., Dileep Kumar, Adv., Rajrshi Gupta, Adv., Ram Raksha Tiwari, Adv.

JUDGMENT :

Dinesh Kumar Singh, J.

1. Heard Sri Dilip Kumar and Sri Amit Kumar Singh, 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. The present Criminal Capital Appeal No. 2719 of 2016 (reference no. 05 of 2016) has been preferred against the judgment and order dated 7.5.2016 passed by Special Judge, D.A.A. Act/Additional Sessions Judge, Court No. 4, Chitrakoot in S.S.T. No. 240-A of 2006 (State of U.P. Vs. Bhonda @ Gotar, Rohini @ Tehsildar and Radhey) arising out of Crime No. 53 of 2006, under Sections 148, 302 read with 149, 201, 404, 426 IPC and Section 14 D.A.A. Act, P.S. Manikpur, District Chitrakoot, whereby the accused-appellants Radhey, Rohini @ Tehsildar and Bhonda @ Gotar are held guilty for charges under Sections 148, 302 read with Section 149, 201/149, 404/149, 427/149 IPC and Section 14 D.A.A. Act and they have been sentenced as mentioned in the chart below.

3. A separate criminal appeal no. 3252 of 2016 has been preferred by the accused-appellant- Munshiwa S/o Gulzar against the same judgment arising out of the above mentioned S.S.T. No. 240-A of 2006, (State Vs Bhonda @ Gotar and others and the appellant has been sentenced as mentioned in the chart below.

4. A separate criminal appeal no. 5194 of 2016 has been preferred by Ram Sagar against the same judgment arising out of S.S.T. No. 240- B of 2006 (State of U.P. Vs. Ramsagar), in which the accused-appellant has been convicted under Section 148, 302 read with Section 149, 201/149, 404/149, 427/149 IPC and Section 14 D.A.A. Act and sentenced as mentioned in the chart below.

Sr. No.

Name

148 IPC

201/149 IPC

404/149 IPC

429/149 IPC

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

1

Bhonda @ Gotar

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

To be hanged by neck till death, Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of three years which shall be executed only after confirmation of by the High Court

2

Rohini @ Tehsildar

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

To be hanged by neck till death, Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of three years which shall be executed only after confirmation of by the High Court

3

Radhey

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

To be hanged by neck till death, Fine Rs. 5,000/- In default of payment of fine, additional imprisonment of three years which shall be executed only after confirmation of by the High Court

4

Ramsagar

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 pa




















































































































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