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2021 Supreme(All) 904

Monu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vikrant Rana, Gajendra Kumar Gautam, Pradeep Kumar

JUDGMENT :

Manoj Kumar Gupta, J.

1. The accused appellant has filed the instant appeal assailing the judgment and order dated 7.04.2014 and 11.04.2014, passed by Additional District & Sessions Judge, Court No.4, Ghaziabad in S.T. No.1408 of 2006 convicting him under Section 302 IPC and awarding rigorous imprisonment for life and fine of Rs.50,000/-and in default in payment thereof, to three years additional simple imprisonment and under Section 506 IPC to seven years rigorous imprisonment and fine of Rs.20,000/-and in default in payment thereof, to ten months additional simple imprisonment and in Sessions Trial No.1409 of 2006 under Section 25 (1) (b) of the Arms Act, to three years rigorous imprisonment and fine of Rs.10,000/- and in default in payment thereof, additional simple imprisonment of six months.

2. According to the prosecution case, on 13.6.2006 at about 10:30 p.m., accused Monu (appellant) and Khalid, neighbours of the victim Manju Sharma came to her house while she was sitting on a cot alongwith her daughter Komal (PW-1) on the open terrace. Her mother Sheela and brother Yogesh and Nitin were in the courtyard. Monu had some talk with her. After about five minutes, he too

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