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2021 Supreme(All) 134

K.J.THAKER, GAUTAM CHOWDHARY
Manish Jain – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Ranjit Saxena, Mahabir Yadav, Ram Awtar, Subhash Singh Yadav, Y.S. Saxena.
For the Respondent:Govt. Advocate, Anurag Shukla.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Senior Advocate assisted by Sri Sunil Kumar Singh, learned Advocate for the appellant and learned A.G.A. for the State.

2. This appeal challenges the judgment and order dated 28/30.7.2015 passed by Additional Sessions Judge, Court No.1, Agra in Sessions Trial No.280 of 2012 convicting appellant under Section 452, 307 & 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 4/5 of the Explosive Substances Act, 1908 (for short 'Act, 1908'). The learned Additional Sessions Judge has sentenced the accused in the following manner and has held that all the sentences to run concurrently:

Conviction under Section

Sentence Awarded

Fine

Default Sentence

302 of I.P.C.

Life imprisonment

5000/-

6 months

307 of I.P.C.

7 years

1000/-

1 month

452 of I.P.C.

3 years

500/-

15 days

4/5 of Explosive Substances Act

10 years

1000/-

1 month

3. On the fateful day when grand daughter was born to dau

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