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2021 Supreme(All) 141

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


Advocates Appeared:
For the Appellant : Gyan Prakash, Neeraj Srivastava, Noor Mohammad, Vishnu Kumar.
For the Respondent:Govt. Advocate, R.P. Singh.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Noor Mohammad, learned counsel for the appellant and learned A.G.A. for the State.

2. The appellant has preferred this appeal against the judgment and order dated 26.4.2013 passed by Additional Sessions Judge, Court No.1, Etah in Sessions Trial No.804 of 2007 convicting and sentencing him under Sections 302 of Indian Penal Code, 1860 (for short 'IPC') for life imprisonment with fine of Rs.2,000/-, Section 364 for rigorous imprisonment for 10 years and under Section 201 of I.P.C. for seven years rigorous imprisonment. All the sentences of imprisonment were directed to run concurrently.

3. The fact is not in dispute that the dead body of the deceased was found in the agricultural field. It is also not in dispute that the original accused was apprehended by the police, it is also not in dispute that during the period when the accused was in the police station, he volunteered to show the place where he had committed the act.

4. Investigating Officer submitted the charge-sheet to the competent court and as the accused was facing charges

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