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2018 Supreme(All) 2320

RAMESH SINHA, DINESH KUMAR SINGH I
Ram Krishna Yadav – Appellant
Versus
State of U. P. – Respondent


JUDGMENT :

Ramesh Sinha, J.

1. The aforesaid criminal appeals have been preferred by the appellants against the judgment and orders dated 12.2.2015 passed by Additional Session Judge, Shahjahanpur passed in S.T. No. 277 of 2013 arising out of case crime no. 42 of 2013 convicting and sentencing appellants Ram Krishna Yadav and Nanhey under section 302 & 34 I.P.C. for rigorous life imprisonment with a fine of Rs. 10000/-and in case of default of payment of fine additional rigorous imprisonment of two years and also convicting and sentencing the appellant Nanhey by the aforesaid impugned judgment and order passed in S.T. No. 278 of 2013 arising out of case crime no. 45 of 2013 under section 25/27 Arms Act for three years rigorous imprisonment with a fine of Rs. 5,000/-and in default of payment of fine additional rigorous imprisonment of three months.

2. The brief facts of the case are that an F.I.R. was lodged by one Gangadeen Yadav son of Ramlal resident of village Puran Nagla, police station Paror, District Shahjahanpur (hereinafter referred to as 'the informant') alleging that on 23.1.2013 in the night, he along with his son Krishna Pal (hereinafter referred to as 'the deceased') aged

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