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2019 Supreme(All) 2166

SUDHIR AGARWAL, RAJENDRA KUMAR IV
Omkar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashok Kumar Mishra, Dinesh Kumar Bhaskar and Suneel Kumar Rai

JUDGMENT :

Sudhir Agarwal, J.

1. This jail appeal under section 383 Cr.P.C. has been filed by accused-appellant Omkar through Jail Superintendent, District Jail, Meerut against judgment dated 9.6.2011 passed by Sri Sanjay Shaker Pandey, Additional Sessions Judge, Court No. 12, Meerut whereby accused-appellant Omkar has been convicted under section 302, 394 and 411 IPC. Under section 302 IPC he has been sentenced to life imprisonment along with fine of Rs. 10,000/-; under section 394 IPC to undergo seven years Rigorous Imprisonment (hereinafter referred to as "RI") and fine of Rs.2,000/- and under section 411 IPC he has been sentenced to undergo three years RI with a fine of Rs.1,000/-. All the aforesaid sentences were directed to run concurrently. In the event of default in payment of fine, he has to undergo additional imprisonment for six months under section 302 IPC; three months under section 394 IPC and one month under section 411 IPC. However, he has been acquitted of the charge under section 201 IPC. By the aforesaid judgment another co-accused Begraj @ Chamku has been sentenced to undergo three years RI and fine of Rs. 1,000/- under section 411 IPC and he has been acquitted of

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