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2021 Supreme(All) 1382

MANOJ KUMAR GUPTA, RAJENDRA KUMAR IV
Dinesh Alias Babali – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.Sachan,Rohan Gupta, A.A.Ansari,Sunil Kumar Dubey
For the Respondent:Govt. Advocate

JUDGMENT :

Manoj Kumar Gupta, J.

These two appeals seek to assail the conviction and sentence recorded against the appellants under Section 394, 412 IPC in Session Trial No. 207 of 1995. All the three appellants have been sentenced to life imprisonment for committing offence under Section 394 IPC, whereas Dinesh alias Babali (appellant in Criminal Appeal No. 2194 of 1996) and Asghar (Appellant no. 1 in Criminal Appeal No. 2222 of 1996) have also been convicted under Section 412 IPC and sentenced to life imprisonment. The sentences were to run concurrently.

2. According to the prosecution case, on 13.7.1992 at around 8 PM, Dr. B.R. Bhatnagar (the complainant) returned to his house by car from his clinic near Aradhana Cinema. He was accompanied by his friend Vikram Kulshrestha. As soon as they reached near the house, they saw three persons coming out of the house of complainant. One of them Dinesh alias Babali (appellant in Criminal Appeal No. 2194 of 1996), was known to them being son of Chaukidar Amar Singh. The other two were also clearly seen in streetlight and headlight of car. They were carrying bundles in their hand and they ran towards the nalla. The complainant and his companio

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