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2019 Supreme(All) 2223

RAM KRISHNA GAUTAM
Mohammad Abrar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Sushil Kumar Pandey, Pawan Singh Pundir
For the Respondent:Govt. Advocate, Harish Chandra

JUDGMENT :

Ram Krishna Gautam, J.

1. This Criminal Appeal, under Section 374 (2) of Code of Criminal Procedure, 1973 (In short, hereinafter, referred to as ‘Cr.P.C.’), has been filed by the convict-appellant, Mohammad Abrar, against the judgment of conviction and sentence, awarded therein, by the court of Additional Sessions Judge, court no.6, Muzaffar Nagar, in Sessions Trial No.1566 of 2010, arising out of Case Crime No. 64 of 2010, under Sections 376 and 506 of Indian Penal Code (hereinafter, in short, referred to as ‘IPC’) of Police Station-Mirapur, District-Muzaffar Nagar, with a prayer for setting aside impugned judgment of conviction and sentence, awarded therein. Thereby, awarding acquittal, for offences, charged with.

2. Grounds of challenge, taken in the Memo of Appeal, are that the judgment and order of conviction and sentences, awarded therein, was made without appreciating evidence on record, resulting finding perverse. It was based on surmises and conjectures. Medical evidence was not in support of the prosecution case. There was deliberate delay of more than twenty nine days in lodging first information report because the incident was of 12.1.2010 and the report was of

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