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2021 Supreme(All) 145

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


Advocates:
Advocate Appeared:
For the Appellants : S.K. Tyagi, Arvendra Singh, Dileep Kumar, Rajeev Gupta, Rajrshi Gupta, Satish Kumar Yadav, Gautam Arvind Singh.
For the Respondents: R.B. Maurya, Arun Kumar Sharma, Ram Badan Maurya.

JUDGMENT :

GAUTAM CHOWDHARY, J.

1. By way of these appeals the appellants have challenged the judgment and order dated 15.2.2011, passed in Sessions Trial No. 115 of 2006 (State of U.P. vs. Prem Singh and Others), arising out of Case Crime No. 318 of 2005, under Section 302 IPC, S.T. No. 116 of 2006 (State of U.P. vs. Shankar), arising out of Case Crime No. 329 of 2005, under Section-25 Arms Act and Sessions Trial No. 117 of 2006 (State of U.P. vs. Prem Singh @ Baba), arising out of Case Crime No. 25 of 2006, under Section 25 Arms Act, all cases were registered at Police Station-Allow, District Manipuri.

2. All these sessions trials were tried jointly and were decided by common judgment, whereby all the accused were convicted and sentenced for commission of offence u/s 302/34 I.P.C. for life imprisonment with fine of Rs. 10,000/- and for commission of offence u/s 25 Arms Act, accused-Shankar and Prem Singh were sentenced for two years rigorous imprisonment with fine of Rs. 1000/-.

3. Brief facts of the case are that on 19.11.2005, the informant-Krishna Murari had given a written re

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