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2018 Supreme(All) 2351

SUDHIR AGARWAL, OM PRAKASH VII
Gyan Chandra – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : From Jail, Sita Ram Sharma, A.C.

JUDGMENT :

OM PRAKASH-VII, J.

1. Present jail appeal has been preferred by accused-appellant Gyan Chandra against judgment and order dated 23.5.2001 passed by XIth Additional Sessions Judge, Meerut in Session Trial No. 237 of 1999 arising out of Case Crime No. 666 of 1998 (State of U.P. Vs. Gyan Chandra) under Sections 376, 302, 201 I.P.C., Police Station Baraut, District Baghpat convicting and sentencing the accused appellant under Section 376 IPC for life imprisonment and fine of Rs. 10,000/-and in the event of non payment of fine he has to further undergo two years’ imprisonment; under Section 302 IPC for life imprisonment and fine of Rs. 10,000/-and in the event of non payment of fine further to undergo two years’ imprisonment and for the offence under Section 201 IPC for seven years’ rigorous imprisonment and fine of Rs. 5,000/-and in the event of non payment of fine, accused appellant has to undergo one year’s additional imprisonment. All the sentences were directed to run concurrently.

2. Prosecution story in nutshell, as unfolded in written report Ext. Ka-1, is as follows:

3. On 23.11.1998 informant Subhash Chand son of Lal Singh resident of Village Bijraul, police station Bara

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