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2020 Supreme(All) 436

B.AMIT STHALEKAR, J.J.MUNIR
Dhan Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B.K. Tripathi, Anil Yadav, Arun Kumar Singh, Ashok Kumar Mishra, Krishna Kumar Shukla, Lav Srivastava, Rajeshwar Prasad Sinha, Sanjay Kumar Mishra, Sanjay Kumar Srivastava, Yakub Ansari
For the Respondent:Govt. Advocate, Ravindra Rai

JUDGMENT :

J.J. Munir, J.

1. These three criminal appeals arise out of a judgment and order of Sri P.K. Singh, the then Additional Sessions Judge, Fast Track Court no.4, Gorakhpur, dated 29.10.2003 passed in Sessions Trial no.177 of 2002, State of U.P. vs. Shyam @ Sambhal and others (arising out of Case Crime no.883 of 2001), under Sections 396, 412 IPC, Police Station Khorabar, District Gorakhpur.

2. By the aforesaid judgment and order, each of the five appellants, have been convicted by the learned Trial Judge of commission of an offence punishable under Section 396 IPC and sentenced to suffer Rigorous Imprisonment for Life, besides being ordered to pay a fine of Rs.5000/-each. In default of payment of fine, the concerned appellant has been ordered to suffer one year's R.I. Appellants, Shyam @ Sambhal, Rinku Kumar Chaudhary and Raju Mali have also been convicted of an offence punishable under Section 412 IPC and sentenced to suffer ten years' Rigorous Imprisonment, besides being ordered to pay a fine of Rs.3000/-. In the event of default, the said appellants, have been ordered t


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