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2021 Supreme(All) 1263

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


Advocates:
Advocate Appeared:
For the Appellant : From Jail, Alka Srivastava,Kailash Prakash Pathak,Kamta Prasad, Suresh Chandra Pandey

JUDGMENT :

1. Heard Shri Kamta Prasad, learned counsel for the appellant; Shri Arvind Kumar, learned AGA for State; and perused the record.

2. By way of this appeal, the appellant-Ramroop has challenged the Judgment and order dated 01.04.2015 passed by court of Additional Sessions Judge, Hamirpur in Session Trial No.05 of 2014 arising out of Case Crime No.1444 of 2013 wherein accused was tried for commission of offence under Sections 304 (I) and 506 Indian Penal Code (hereinafter referred to as, 'IPC'), Police Station-Sumerpur, District Hamirpur. The learned Sessions Judge convicted the accused for life imprisonment for commission of offence under Section 304 part I IPC and with fine of Rs.10,000/-. In default of payment of fine, the accused shall undergo rigorous imprisonment for 6 months. He was not convicted under Section 506 IPC.

3. The brief facts as per prosecution case are that written report which is Ex.Ka.1 and which corroborates the dying declaration made on 28.9.2013 reads as follows:-

    “That on 28.9.2013 at about 9.00 a.m. when the accused Ramroop, elder son of the deceased and elder son of the person who got the First Information Report registered, was demanding money for b

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