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2019 Supreme(All) 169

SUDHIR AGARWAL, RAM KRISHNA GAUTAM
LALJI GUPTA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Advocate Appeared:
Alpana Dwivedi, Adv., Saiyad Ali Murtaza, Adv.

JUDGMENT

Ram Krishna Gautam, J.

This appeal under section 383 of Cr.P.C. has been filed by convict appellant Lalji Gupta through Senior Superintendent, Central Jail, Varanasi, against judgment and order of conviction and sentence dated 30.11.2006 passed by the Additional Sessions Judge, Court No. 3, Basti, in S.T. No. 15 of 2005, State Vs. Lalji Gupta, arising out of Case Crime No. 468 of 2004, under section 302 I.P.C., P.S. Rudhauli, District Basti, whereby appellant Lalji Gupta has been convicted and sentenced with life imprisonment with a fine of Rs. 2000/- for offence of murder punishable under section 302 I.P.C. and in default in making payment of fine further R.I. of one month was awarded.

2. The very perusal of the impugned judgment and Trial Court's record reveals that first information report (exhibit Ka2) was lodged by Rajesh son of Ram Shanker, resident of Raja Bazar, P.S. Purani Basti, District Basti, at Police Station Rudhauli, District Basti, on 5.7.2004 at 22.50 hours against Lalji Gupta, son of Late Ram Shanker, resident of Mudiyar Chauraha, P.S. Rudhauli, District Basti, for offence punishable under section 306 I.P.C. with allegation that informant's sister Poonam was




































































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