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2019 Supreme(All) 1792

PRITINKER DIWAKER, RAJ BEER SINGH
Binnu Srivastava @ Pawan Srivastava – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri V.P. Srivastava, Senior Advocate, assisted by Sri Lav Srivastava, Advocate
For the Respondent: Sri J.K. Upadhaya, learned AGA.

JUDGMENT :

RAJ BEER SINGH, J.

1. All these appeals arise out of a common judgment and order dated 18.08.2015 passed by the learned Additional Sessions Judge/Fast Track, Bhadoi-Gyanpur in Session Trial No.106 of 2008 (State Vs. Binnu Srivastava @ Pawan Srivastava and 7 others), under Sections 147, 302, 149 of I.P.C., and S.T. No. 07/09, under Section 25 Arms Act, both P.S. Gyanpur, District Bhadohi, whereby accused-appellants Binnu Srivastava @ Pawan Srivastava, Pawan Srivastava @ prakash, Raj Nath Yadav, Atul Kumar Yadav @ Bhunwar, Santosh Kumar Yadav @ Kariya, Sandeep Rawat @ Rinku, Rahul Rawat and Prashant Yadav have been convicted under Section 147 and 302/149 of I.P.C. and were sentenced to imprisonment for life along with fine of Rs. 25,000/-each under Section 302/149 of I.P.C. and two years rigorous imprisonment along with fine of Rs. 2000/-under Section 147 of I.P.C. Accused-appellant Santosh Kumar Yadav @ Kariya was further convicted under Section 25 of Arms Act and was sentenced to 5 years rigorous imprisonment along with fine of Rs. 5000/-. In default of payment of fine, accused-appellants were sentenced to different period of imprisonment.

2. Prosecution version is that on

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