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2021 Supreme(All) 1012

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


Advocates:
Advocate Appeared:
Anil Kumar Jaiswal, Diwan Saifullah Khan, Nazrul Islam Jafri, Ravindra Pratap Singh

JUDGMENT :

Sameer Jain, J.

1. The present appeal has been preferred by the appellant against the judgment and order dated 8.6.2018 passed by Additional District and Sessions Judge, Court No.9, Bulandshahar in Sessions Trial No. 247 of 2017 (State Vs. Sanjay Sharma) arising out of Case Crime No. 69 of 2016, under Section 302 IPC and Sessions Trial No.69 of 2018 (State Vs. Sanjay Sharma), under Section 25 of Arms Act arising out of Case Crime No. 70 of 2016, by which, learned trial court convicted the appellant under Section 302 IPC and sentenced him to undergo life imprisonment with fine of Rs.25,000/(Rs. Twenty Five Thousand) and in default of payment of fine one year additional imprisonment; and under Section 25 of Arms Act and sentenced the appellant to undergo three years rigorous imprisonment with fine of Rs.5000/(Rs. Five Thousand) and in default thereof three months additional imprisonment.

2. The prosecution story, in nutshell, is that on 16.02.2016, Rajendra Sharma (PW1) lodged First Information Report of the present case under Sections 302, 504 IPC at Police Station Gulawathi, District Bulandshahar against appellant-Sanjay Sharma, which was registered as Case Crime No. 69 of

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