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2019 Supreme(All) 454

RAM KRISHNA GAUTAM
BIRENDRA TIWARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Harsh Kumar Srivastava, Adv., Kaushal Kishore Mishra, Adv.

JUDGMENT :

Ram Krishna Gautam, J.

This Criminal Appeal under Section 374(2) Cr.P.C. has been filed by convict appellant Birendra Tiwari against judgment and order dated 27.3.2008 passed by Special Judge (SC/ST Act), Fatehpur, in Special Sessions Trial No. 11 of 1999 (arising out of Case Crime No. 156 of 1996, u/s 323, 504, 506 I.P.C. and 3(1)(x) SC/ST Act, P.S. Khaga, District Fatehpur) whereby convict appellant Birendra Tiwari has been convicted for offences punishable u/s 323, 504 I.P.C. and 3(1)(x) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and has been sentenced with three months rigorous imprisonment for offence punishable u/s 323 I.P.C., three months rigorous imprisonment for offence punishable u/s 504 I.P.C. and six months rigorous imprisonment with fine of Rs. 1000/- and in case of default in payment of fine one and half months additional imprisonment for offence punishable u/s 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. All the sentences were directed to run concurrently.

2. Heard Sri Kaushal Kishore Mishra, learned counsel for appellant, and Sri Ajit Ray, learned AGA for the State and perused the lower co








































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