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2019 Supreme(All) 216

SUDHIR AGARWAL, OM PRAKASH
Sangam Pasi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Arun Kumar Srivastava, Adv., Lalit Kumar Tripathi, Adv., S.M. Abdy, Adv., V.P. Srivastava, Adv., Abhishek Tiwari, Adv., Prakash Dwivedi, Adv.

JUDGMENT :

OM PRAKASH, J.

Abbreviations used

First Information Report - (FIR)

Indian Penal Code - (IPC)

Criminal Procedure Code (Cr.P.C.)

Recovery Memo (R.M.)

Present reference under Section 366 Cr.P.C. and Capital Case (Appeal) under Section 374 (2) Cr.P.C. have arisen assailing judgment and order dated 10.11.2016 passed by Additional Sessions Judge/Special Judge, E.C. Act, Mirzapur in Session Trial No. 126 of 2011 (State Vs. Sangam Pasi and others); Session Trial No. 129 of 2011 (State Vs. Sangam) and Session Trial No. 130 of 2011 (State Vs. Khunni @ Ram Prasad) convicting and sentencing accused appellants namely Sangam, Puddi Pasi, Sanjay Dubey @ Panda for the offence under Section 302/34 IPC with death punishment and fine of Rs. 25,000/- each and the same will be paid to the informant Smt. Sheela Devi as compensation and in the event of non payment of fine appellants have to go undergo two years' simple imprisonment.

2. Vide impugned judgment and order dated 10.11.2016 passed by Additional Sessions Judge/Special Judge, E.C. Act, Mirzapur in S.T. No. 126 of 2011 (State of U. P. Vs. Sangam Pasi and others), S.T. No. 129 of 2011 (State of U.p. Vs. Sangam) and S.T. No. 130 of 2011 (State o



















































































































































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