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2020 Supreme(All) 562

B.AMIT STHALEKAR, ALI ZAMIN
Diwari Lal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ashwini Kumar Awasthi, Ajay Vikram Yadav, Manish Tiwary, Vimlendu Tripathi.
For the Respondents: Rajesh Yadav, Vipin Kumar Yadav.

JUDGMENT :

B. AMIT STHALEKAR, J.

1. Heard Shri Vimlendu Tripathi, learned counsel for the appellants and the learned A.G.A. for the State.

2. The present criminal appeal has been filed against the judgment and order dated 24.1.2001 passed by the Special Judge (D.A.A. Act), Etawah in S.T. No. 503 of 1993 connected with S.T. No. 546 of 1993 whereby the appellant have been convicted under section 148 I.P.C. and sentenced to 3 years R.I., under section 307/149 I.P.C. and sentenced to 7 years R.I. and under section 302/149 I.P.C. to life imprisonment. All the sentences were directed to run concurrently.

3. Briefly stated the facts of the case are that on 14.11.1991 a written report Ext. Ka-1 was submitted by one Akhilesh Kumar scribed by Rajveer Singh at police station Bharthana, Etawah, which was registered as Case Crime No. 294 of 1991 under sections 147, 148, 149, 307 and 302 I.P.C. wherein it was stated that on 14.11.1991 at about 6 a.m. the informant Akhilesh Kumar alongwith Prahlad Singh, Govind Singh, Sovaran Singh, Malkhan Singh, Ajmer Singh, Manoj Kumar and Babloo were ploughing his filed which he had purchased from Uma Shanker resident of Kunjpura Etawah and with regard to this ag

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