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2021 Supreme(All) 355

ARVIND KUMAR MISHRA I
Kuwarpal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Chandra Shekhar Kushwaha
For the Respondent:Govt. Advocate

JUDGMENT :

Arvind Kumar Mishra-I, J.

1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.

2. The instant appeal has been preferred against the judgment and order dated 08.06.2011 passed by the Additional Sessions Judge / Special Judge, J.P. Nagar, in Session Trial No.225 of 2007 State Vs. Kuwarpal and others, arising out of Case Crime No.834 of 2006, under Section 324 I.P.C., Police Station Naugawa Sadat, District J.P. Nagar, sentencing each of the appellant to undergo three years rigorous imprisonment coupled with fine Rs.5000/-with default stipulation for three months additional simple imprisonment.

3. Relevant facts of this case as reflected from record for understanding the outcome of this appeal appear to be that the first information report was lodged by Devendra Singh son of Ram Sukhiram Singh at Police Station Naugawa Sadat on 30.08.2006 at 9:30 p.m. regarding the occurrence pertaining to the firing that took place on 29.08.2006 at 8:00 a.m. in the village Akkha Nagla within Police Station Naugawa Sadat, District J.P. Nagar with description that on 29.08.2006 at about 8:00 a.m., the informant's son Pushpendra and his nephew Vipin Kum

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