Ashwani Kumar vs State of U. P. - 2021 Supreme(All) 1127

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(All) 1127

ATTAU RAHMAN MASOODI, MANISH KUMAR
Ashwani Kumar – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rana Mritunjay Singh, Rajendra Prasad Mishra, Rishad Murtaza, Udai Pratap Singh
For the Respondent: N.S.Chauhan

JUDGMENT :

A. Subject Matter

1. Under challenge in the present appeals is the judgment and order dated 22.08.2007 passed by learned Additional District and Session Judge in Sessions Trial No.216 of 1999 arising out of case crime no. 50 of 1999 under Sections 148, 302, 149, 404 IPC at Police Station Bangarmau District Unnao and Sessions Trial No. 217 of 1999 arising out of case crime no.51 of 1999 under Section 3 r/w 25 Arms Act at Police Station Bangarmau district Unnao whereby the appellants were convicted under Section 302 read with Section 34 Indian Penal Code, 1860 and were sentenced to imprisonment for life and fine of Rs.5000/-only with default stipulation of additional imprisonment of six months. Appellant Ashwani Kumar was further convicted under Section 404 IPC and was sentenced to undergo rigorous imprisonment for a term of one year and fine of Rs.1000/-with default stipulation of additional imprisonment of three months. Moreover, he was convicted under Section 3 r/w Section 25 of Arms Act and sentenced to undergo rigorous imprisonment for a term of two years and fine of Rs.1000/-with default stipulation of additional imprisonment of three months.

B. Facts and Evidence

2. The