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2021 Supreme(All) 512

Kalyan @ Kallu @ Netrapal Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Veerendra Kumar Shukla, Ramendra Pal Singh

JUDGMENT :

1. This appeal has been preferred by the appellant-Kalyan @ Kallu @ Netrapal Singh against the judgment and order dated 22.11.2017, passed by learned Additional Sessions Judge, Court No.3, Shahjahanpur, in Session Trial No.1087 of 2003 (State vs. Kalyan @ Kallu @ Netrapal Singh) in Case Crime No.91 of 2003 under Section 304 IPC, Police Station-Katra, District-Shahjahanpur, whereby the appellant was convicted under Section 304 (2) and sentenced for 10 years' R.I. and also Rs.10,000/-fine and in default of fine two years simple imprisonment. The appellant has also been convicted under Section 27 Arms Act, 1959, and sentenced for three years imprisonment and Rs.2,000/-fine and in default of fine, six months simple imprisonment. All sentences were directed to run concurrently.

2. The brief facts of the case are that a written-report (Ex.ka1) was submitted in the police station by the informant Ramvir Sharma. It was stated in written-report that on 27.4.2003, there was marriage of a girl in the family of Rajendra Singh in Village-Chavarkhas, P.S.-Katra, where his father went for Erudition (Panditai). Accused-appellant Kalyan was also there from the side of bride. At the time of

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