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2021 Supreme(All) 879

KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Amar Dayal Sahu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Laxmi Narayan Rathour, Akhilesh Kumar Khare, Noor Muhammad, Yogesh Kumar Srivastava

JUDGMENT :

Ajai Tyagi, J.

1. This appeal has been preferred against the judgment and order dated 7.1.2020, passed by the learned Additional Sessions Judge, Court No.5, Jhansi, in Session Trail No.55 of 2016 State of UP vs. Amar Dayal Sahu arising out of Case Crime No.202 of 2015 under Section 302 IPC, Police Station-Lahchura, District-Jhansi, whereby the appellant is convicted and sentenced for the offence under Section 302 IPC for life imprisonment with a fine of Rs.60,000/- and in default of payment of fine, further imprisonment for one year.

2. The brief facts of the case are that first information report of this case was registered on the basis of application moved by complainant, father of the deceased, through the application under Section 156 (3) Cr.P.C. in which it is stated that complainant’s daughter, namely, Jaikali got married with accused Amar Dayal Sahu about 7-8 years before the occurrence. They had two children. Amar Dayal Sahu had illicit relationship with one Kiran Sahu, which was bone of contention between husband and wife and the accused always got support of h

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