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2021 Supreme(All) 1427

MANOJ MISRA, SAUMITRA DAYAL SINGH
Amar Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For The Petitioner: Dileep Kumar, R.P. Singh, Rajeev Kumar
For The Respondent:Govt. Advocate, Jitendra Pal Singh

JUDGMENT :

Saumitra Dayal Singh, J.

1. Heard Sri Dileep Kumar, learned Senior Advocate assisted by Sri Rajiv Kumar and Sri Muktesh Singh, learned counsel for the appellant (through video conference) and Sri Ankit Shrivastava, learned AGA for the State.

2. The present appeal has been filed by the appellant Amar Singh, against the judgment and order dated 26.03.2014 passed by Sri Sanjeev Kumar Tyagi, Special Judge, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act/Additional Sessions Judge, Court no.5, Etah, in Gangster Session Trial No. 260 of 2007. By that judgement and order, the present appellant has been convicted for offence under Section 302, Indian Penal Code, 1860, and sentenced to undergo life imprisonment and fine Rs. 5,000/-. He is to suffer a further imprisonment of one month in the event of his failure to pay that fine. Also, he has been convicted for offence under Sections 25/27 Arms Act, 1959 and awarded punishment of imprisonment of one year. Punishments for both offences are to run concurrently.

3(i). According to the prosecution case the First Information Report (Exhibit Ka-20), hereinafter referred to as the FIR, came to be lodged in Case Crime No. 5

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