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2021 Supreme(All) 935

Ramasankar Kushwaha – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Chandra Shekhar Kushwaha, Lav Srivastava.
For the Respondent:Govt. Advocate.

JUDGMENT :

Sadhna Rani (Thakur), J.

As both the appeals arise from the same incident and common judgment, we have heard them together and they are being disposed of by this common judgment.

2. Both the above mentioned criminal appeals have been filed by the appellants Ramashankar Kushwaha, Mohan Gaur, Ravindra Prasad @ Doctor, Bacchan Gaur and Pappu @ Manoj Kumar Thakur against the judgment and order dated 27.8.2013 passed by the learned Additional Sessions Judge, Court No. 7, Deoria in S.T. No. 219 of 2010 ( State Vs. Mohan Gaur and others) whereby the appellants have been convicted and sentenced under sections 147, 328/149, 302/149, 201 and 118/149 I.P.C. Police station Bankata, Distrct Deoria.

3. As per the prosecution story, the first information report was lodged by one Shakul Gaur on 08.02.2010 at the police station Bhatni, District Deoria stating therein that his sister Indu Devi was married to Mohan Gaur son of late Baharan Gaur. Out of their wedlock, they had three sons namely Harikesh, Rakesh and Vikash and two daughters Sita and Shilpi. His brother-in-law had developed bad association and started taking liquor. He had purchased a tractor after selling his land but due to his

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