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2022 Supreme(All) 74

RAMESH SINHA, VIVEK VARMA
State of U. P. – Appellant
Versus
Krishna Murari alias Murli – Respondent


Advocates:
Advocate Appeared:
For the Appellant : From Addl.Session Judge,G.A., Shitla Prasad Tripathi, Shiv Ganesh Singh, Umesh Pratap Singh
For the Respondent: G.A., Anuj Pandey, I.D.Shukla, S.K.Merotra

JUDGMENT :

Vivek Varma, J.

(The judgment is pronounced in terms of Chapter VII Subrule (2) of Rule (1) of the Allahabad High Court Rules, 1952 by Hon’ble Ramesh Sinha, J.)

(Per Ramesh Sinha, J. for the Bench)

(A) INTRODUCTION

(1) The six accused persons, namely, Krishna Murari Verma alias Murli, Kashi Ram Verma, Raghav Ram Verma, Ram Milan Verma, Ram Kripal Verma and Ram Tilak Verma, were tried by the X Additional District & Sessions Judge, Faizabad in Sessions Trial No. 85 of 1995 : State Vs. Krishna Murari and others, arising out of Case Crime No. 156 of 1994, under Sections 148, 302, 120B I.P.C., Police Station Tarun, District Faizabad.

(2) Vide judgment and order dated 21.12.1999, X Additional District & Sessions Judge, Faizabad, while acquitting accused Ram Tilak Verma and Ram Kripal Verma of the charge of offence punishable under Section 120-B I.P.C, convicted and sentenced other accused persons, namely, Krishna Murari Verma alias Murli, Kashi Ram Verma, Raghav Ram Verma and Ram Milan Verma in the manner as stated hereinbelow :-

    “(i) Under Section 302 I.P.C. read with Section 149 I.P.C. to be hanged separately till they are dead ; and

(ii) Under Section 148 I.P.C. to undergo impriso

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