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2020 Supreme(All) 939

PRITINKER DIWAKER, RAJEEV MISRA
Vaibhav Jain – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Gaurav Kakkar, Abhishek Mishra, K.K. Mishra, Sushil Jain, Sushil Shukla, Rajul Bhargava, Vinay Kumar Tripathi, Awadhesh Kumar Srivastava, Subhash Chandra Pandey, Vishnu Kumar.
For the Respondent: K.M. Tripathi.

JUDGMENT :

RAJEEV MISRA, J.

1. These four connected criminal appeals arise out of a common judgment and order dated 09.11.2006 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Rampur in Sessions Trial No. 76 of 2005 (State vs. Vaibhav Jain and Others) under Sections 364, 302, 201, 120B and 427 I.P.C. P.S. Bilaspur, District-Rampur arising out of Case Crime No. 315 of 2004 under Sections 302, 201, 427 I.P.C. P.S. Bilaspur, District-Rampur whereby four of the accused namely Vaibhav Jain, Kaushal Kishore Jain, Suresh Pal and Rajendra Vohra have been held guilty of the charges framed against them, whereas the fifth accused namely Sadab has been acquitted. Accordingly aforesaid four accused have been convicted and sentenced under Section 302 I.P.C. readwith Section 149 I.P.C. They have, therefore, been sentenced to life imprisonment alongwith fine of Rs. 5000/- each. In case of default in payment of fine as noted above, each of four accused are to undergo one year additional rigorous imprisonment. Aforesaid four accused have also been convicted under Section 120B I.P.C. A

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