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2021 Supreme(All) 353

MANOJ MISRA, SAUMITRA DAYAL SINGH
Rampal Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Rakesh Chandra Upadhyay, Ambrish Kumar
For the Respondent:Kashyap, Arimardan Singh, Bhaiya Ram, G.P. Singh, J.N.Singh, R.C., Yadav, S.N. Singh,V.K. Sharma, Govt. Advocate, R.K. Pathak

JUDGMENT :

Saumitra Dayal Singh, J.

1. Heard Sri Ambrish Kumar Kashyap, learned counsel for the appellants and Sri Ankit Srivastav, learned AGA for the State-respondent.

2(i). The appellants Rampal Singh, Udaibhan and Chandrabhan filed the present appeal against the common judgment and order dated 05.10.2005 passed by Sri Arvind Kumar Singh, Additional District and Sessions Judge/Fast Track Court No. 2, Mainpuri, in Sessions Trial No. 411 of 2012 (State Vs. Rampal Singh & Udaibhan) and Sessions Trial No. 128 of 2004 (State Vs. Chandrabhan). By that judgment and order, the appellants – Rampal Singh, Udaibhan and Chandrabhan were convicted for offences under Sections 147, 148, 307/149 and 302/149 IPC. Upon conviction, for the offence under Section 147 IPC each of the appellants was sentenced to six months’ imprisonment. Upon conviction for the offence under Section 148 IPC, each of the appellants was sentenced to one year’s imprisonment. Upon conviction for the offence under Section 307 read with Section 149 IPC, each of the appellants was sentenced to ten years’ rigorous imprisonment together with fine Rs. 3,000/-. In the event of non-payment of fine, they were to undergo further impri

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