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2020 Supreme(All) 803

SUNITA AGARWAL, AJAY BHANOT
Indar – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Krishna Dev Mishra, Trilok Sharma, Birendra Kumar Pandey, Rajesh Chandra Gupta, S.P.S. Raghav.
For the Respondent: Arun Kumar Singh.

JUDGMENT :

AJAY BHANOT, J.

1. This criminal appeal arises out of the judgment dated 23.12.1986 rendered by the learned Additional Sessions Judge-VI, Bulandshahr, in Sessions Trial No. 08 of 1986, State vs. Indar and Others, convicting the appellant for offences under Section 302 and Section 201 of the I.P.C. and imposing punishments of life imprisonment and rigorous imprisonment of two years for the respective offences.

2. The prosecution case originated in an F.I.R. lodged on 13.01.1985, at Police Station Dankaur, District Bulandshahr, as Case Crime No. 8 of 1985.

3. The Investigation Officer made his investigation and on 11.03.1985 submitted a charge-sheet in court against the accused persons.

4. The case was registered as Sessions Trial No. 08 of 1986, State vs. Indar and Others. The learned Additional Sessions Judge-VI, Bulandshahr, on 11.04.1986 charged the accused as follows:

    “Firstly that you on 9.1.1985 some time after 5.30 P.M. in the Jungle of village Banjhar Pur within police circle Dankaur District Bulandshahr in furtherance of the common object of you all did commit the

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