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2022 Supreme(All) 225

MANOJ MISRA, SAMEER JAIN
Shivnath Awasthi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.C. Sharma, Himanshu Upadhyay, Manish Jaiswal, P.S. Sharma, V.K.Dixit

JUDGMENT :

1. We have heard Sri Manish Jaiswal, learned counsel, appointed by the High Court Legal Services to represent the appellant who is in jail; Sri J.K. Upadhyay and Sri H.M.B. Sinha, learned AGA for the State and have perused the record.

2. This appeal has been filed against the judgment and order dated 10.1.2007 passed by Additional Session Judge, Court No. 3, Shahjanpur in Sessions Trial No. 971 of 2005, connected with Sessions Trial No. 972 of 2005, thereby convicting the appellant under Sections 302 and 307 IPC (in Sessions Trial No. 971 of 2005 arising out of case crime No. 169 of 2005, Police Station-Ram Chandra Mission, Shahjahanpur) and under Section 27 of Arms Act ( in connected Sessions Trial No. 972 of 2005 arising out of case crime No. 170 of 2005, Police Station-Ram Chandra Mission, Shahjahanpur) and sentencing him to imprisonment for life under Section 302 IPC; 10 years rigorous imprisonment with fine of Rs. 5,000/-and a default sentence of 5 months rigorous imprisonment under section 307 IPC and 5 years rigorous imprisonment with fine of Rs. 5,000/-and a default sentence of 5 months rigorous imprisonment under section 27 Arms Act; with a direction that all the

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