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2021 Supreme(All) 884

MANOJ MISRA, SAMEER JAIN
Sarwari – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nazrul Islam Jafri, Mainuddin Ahamad, Mohd. Irfan, Raghuraj Kishore

JUDGMENT :

Sameer Jain, J.

1. The present appeal has been preferred by the appellant against the judgment and order dated 15.11.2018/16.11.2018 passed by Additional Sessions Judge/FTC I, Deoria in Sessions Trial No. 374 of 2014 by which learned trial court convicted the appellant under Section 302 read with 120B IPC and punished her with imprisonment for life and a fine of Rs.10,000/-(Rs.Ten Thousand) with a default sentence of six months rigours imprisonment. She was, however, acquitted of the charge for offences under Sections 147, 452, 326, 149 and 376 IPC.

2. Prosecution story in nutshell is that on 1.4.2014 at about 12.10 AM, PW-1 Azhar Ali, the informant of the case, lodged an FIR against appellant Sarwari and four others under Sections 307, 326, 376, 120B, 147 and 452 IPC at Police Station Salempur, District Deoria vide Case Crime No. 478 of 2014. As per FIR informant's (PW-1's) niece Ayesha Khatoon (the deceased) was residing with him for the last about one and half years after the death of her parents. Co-accused Guddan S/o Islam developed illicit relations with Ayesha Khatoon and exploited her. When Ayesha Khatoon asked co-accused Guddan to marry her, Guddan refused; upon wh

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