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2022 Supreme(All) 163

RAMESH SINHA, VIKAS BUDHWAR
Prem Nath Yadava – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : H.S Tiwari

JUDGMENT :

Vikas Budhwar, J.

1. This appeal has been preferred against the judgment and order dated 11.09.2015 passed by Additional Sessions Judge/Special Judge Gangster Court No. 5 Sultanpur, in Gangster Case No. 379 of 2012 (State Vs. Prem Nath and Another) arising out of case crime no. 157/2002, u/s 302/34, 504, 506 IPC, and Section 3(1) of the U.P. Gangster & Anti-Social Activities (Prevention) Act 1986, P.S. Kotwali Dehat, District Sultanpur whereby the appellants have been convicted u/ s 302 of IPC for life imprisonment and a fine of Rs. 10,000/-and in default of fine one year additional imprisonment, u/s 506 IPC for 2 years rigorous imprisonment and fine of Rs. 1,000/-each and in default of fine one month additional imprisonment.

2. The brief facts of the case is worded in the present appeal are that the FIR was registered on 15.02.2002 at 08:10 a.m. on the basis of the information provided by the complainant Sri Haivat Ram Yadav S/o Ramaudaan alleging that on 15.02.2002 at 7 O’ clock in the morning Sri Haivat Ram along with his brother Latheru Ram had gone to the field t

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