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2021 Supreme(All) 24

RAMESH SINHA, SUBHASH CHAND
Pawan Kumar Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sarvesh, Suneel Kumar Mishra.

JUDGMENT :

SUBHASH CHAND, J.

1. The instant Criminal Appeal has been preferred on behalf of the appellant-convict Pawan Kumar Mishra against the State of U.P. against the judgment and order dated 18.2.2006 passed by the Additional Sessions Judge, Court No. 3, Fatehpur in Sessions Trial No. 251 of 2005 (State vs. Pawan Kumar Mishra) arising out of Case Crime No. 75 of 2004 under Sections 376 and 506 I.P.C. P.S. Jafarganj, District Fatehpur whereby the appellant had been convicted and sentenced to life imprisonment and a fine of Rs. 10,000/- was also ordered to undergo further imprisonment of two years in default of payment of fine and further convicted and sentenced for the offence under section 506 I.P.C with imprisonment of 3 years and a fine of Rs. 1,000/- was also ordered to undergo further imprisonment of two months in default of payment of fine. All the sentences were to run concurrently.

2. The facts giving rise to this appeal in brief are that the informant Virendra Kumar, son of Jagdev Prasad Agnihotri, resident of village Kamasin, P.S. Jafarganj, District Fatehpur lodged F.I.R. with the concerned police station with these allegations that on 24.10.2004 at 5 p.m., his daughter

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