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2021 Supreme(All) 886

Ram Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.H. Ibrahim,Dharmendra Kumar Tiwari,Ravindra Kumar Dwivedi

JUDGMENT :

Ramesh Sinha, J.

(1) The instant criminal appeal under Section 374 (2) Cr.P.C. has been filed by appellants, Ram Kumar and Sangram, against the judgment and order dated 25.11.1981 passed by the III Additional Sessions Judge, Faizabad in Sessions Trial No. 195 of 1981 : State Vs. Ram Kumar and others relating to Case Crime No. NIL of 1981, under Sections 307 and 323 I.P.C., which was later on converted under Section 302 I.P.C., Police Station Ibrahimpur, District Faizabad, whereby the III Additional Sessions Judge, Faizabad, convicted the appellants, Ram Kumar and Sangram, under Section 302 read with Section 34 Indian Penal Code, 1860 and sentenced them to undergo imprisonment for life, however, accused Ram Sundar has been acquitted of the charges.

(2) It transpires from the record that a Co-ordinate Bench of this Court, vide order dated 11.10.2018, partly allowed the instant appeal. The operative portion of the order dated 11.10.2018 is reproduced as under :-

    “28. In view of the aforesaid discussion, the present appeal is partly allowed and the accused-appellants are convicted under Section 304 Part I IPC instead of Section 302 IPC and their sentence is modified for life to

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