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2019 Supreme(All) 1048

SUDHIR AGARWAL, RAJ BEER SINGH
Pramod Prajapati – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Mukesh Kumar Pandey, Adv., Devendra Pratap Singh, Adv., Mohd Shoeb Khan, Adv., Ratan Singh, Adv.

JUDGMENT :

Raj Beer Singh, J.

The present criminal appeal has been preferred by accused-appellant Pramod Prajapati against judgment and order dated 09.03.2015 passed by Shri Manoj Kumar Singh Gautam, Additional District & Sessions Judge, Court No. 2/Special Judge, Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act, 1989), Kushinagar at Padrauna in Session Trial No. 29 of 2010 whereby accused-appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment and fine of Rs. 1,00,000/- and in default thereto, he is further sentenced to six months additional rigorous imprisonment, while accused-appellant was acquitted of the charge under Sections 377, 506 IPC.

2. The facts and circumstances giving rise to the present appeal are that on 27.10.2008 at around 6:00 PM, Sonu Sharma, aged 16 years, grandson of complainant Kanhaiya Sharma had gone to buy eggs but did not return back and gone missing. On 28.10.2008 at about 8:00 AM, some shepherds (charwaha) informed complainant, Kanhaiya Sharma, that blood stained dead body of his grandson Sonu Sharma is lying at the sugar-cane field of Sharada Yadav in western

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