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2019 Supreme(All) 1017

ANIRUDDHA SINGH
Nankai – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
Rajesh Kumar Verma, Adv., Harsh Narayan Singh, Adv., Prashant Kumar Singh, Adv.

JUDGMENT :

ANIRUDDHA SINGH, J.

1. Heard Sri Rahul Pandey, learned counsel for the appellants, Sri Harsh Narain Singh, learned counsel for the opposite party and Sri Mayank Mishra (B.H.), learned counsel appearing for the State.

2. This criminal appeal has been preferred under Section 374 (2) of Cr.P.C. by the appellants, namely, Nankai, Smt. Chaubi and Smt. Uma Devi against the judgment and order of conviction and sentence dated 21.10.2008 passed by the learned Additional Sessions Judge, Court No.2, Fatehpur in Sessions Trial No. 800 of 2006, arising out of Case Crime No. 160 of 2006, under Sections 304 (Part II) and 504 of I.P.C., Police Station Khaga, District Fatehpur whereby appellant no.1 Nankai was convicted and sentenced under Section 304 (Part II) of I.P.C. for ten years rigorous imprisonment along with a fine of Rs.10,000/-. In case of default of payment of fine, he shall further undergo six months additional imprisonment, and appellant nos.2 & 3, namely, Smt. Chaubi & Smt. Uma Devi were convicted and sentenced under Section 304 (Part II) of I.P.C. for five years rigorous imprisonment each and a fine of Rs.5,000/- each. In case of default of payment of fine, they shall furthe

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