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2021 Supreme(All) 173

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


Advocates Appeared:
For the Appellant : Swati Agrawal Srivastava.
For the Respondent:Govt. Advocate.

JUDGMENT :

1. Heard Mrs. Swati Agrawal Srivastava, learned counsel for the appellant, Sri Nagendra Kumar Srivastava and Sri Rupak Chaubey, learned A.G.As for the State.

2. The present appeal challenges the judgment and order dated 6.9.2011 passed by Additional Sessions Judge/Special Judge (E.C. Act), Gorakhpur in Sessions Trial No.68 of 2010 convicting and sentencing the appellant alone under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') for life imprisonment with fine of Rs.2,000/- and, in case of default of payment of fine, further to undergo imprisonment for one month.

3. Factual data as culled out from the record is that a First Information Report being Case Crime No.664/2009 was lodged on 18.4.2009 at Police Station Khorawar, Gorakhpur on the complaint made by one Jitendra Kumar Sahani s/o Dheesh Rawat, resident of Domar Ghat, Police Station Khajni, Gorakhpur who stated that his sister was married to Santosh s/o Bhagwan Kewat, Village Dumri Tola Bakhariya,

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