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2020 Supreme(All) 1340

VIRENDRA KUMAR SRIVASTAVA
Rizwan – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant : Dharm Trivedi
For the Respondents: G.A.

JUDGMENT :

Virendra Kumar Srivastava, J.

1. The instant criminal appeal, under section 374(2) Criminal Procedure Code, 1973 (hereinafter referred to as 'Code'), has been filed against the judgment and order dated 29.3.2018, passed by learned Additional Sessions Judge, Court No. 1, Kheri in Sessions Trial No. 793 of 2012, arising out of case crime no. 1787 of 2012, under Section 307 and 326 IPC, police station (in short P.S.)-Kotwali Sadar, District- Lakhimpur Kheri, whereby the accused-appellant Rizwan (hereinafter referred to as 'Appellant') has been convicted and sentenced for ten years' rigorous imprisonment and fine of Rs. 7,500/- for offence under Section-307 IPC and for rigorous imprisonment of ten years and fine of Rs. 7,500/- for an offence under Section-326 IPC. All the sentences were directed to run concurrently.

2. Prosecution case, in brief, is that a written information (Ext. Ka-1) was filed by Pramod Kumar Verma (PW-1), son of Bhagauti Prasad, resident of village Bechepurwa, Hamlet Maksoha, P.S-Kotwali Sadar, District-Kheri on 04.9.2012 at about 09:30 a.m. at police station (in short P.S.) Kotwali Sadar, District-Kheri, mentioning therein that his daughter Kumari Rekha (

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