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2022 Supreme(All) 365

MANOJ MISRA, SAMEER JAIN
Ram Samujh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : D.S.Tiwari, Brijesh Sahai, Manvendra Dixit, P.C.Chaturvedi, S Shukla, Shashwat Shukla

JUDGMENT :

1. This appeal was presented on behalf of two appellants, namely, Ram Samujh and Rama Kant. The appeal of Rama Kant was abated vide order dated 21.08.2015, therefore, this appeal survives qua appellant no.1 Ram Samujh only.

2. This appeal is against the judgment and order dated 11.10.1983 passed by the third Additional Sessions Judge, Jaunpur in S.T. No.139 of 1981 connected with S.T. No.120 of 1981 whereby, the surviving appellant no.1 Ram Samujh, along with co-accused Rama Kant and Sher Bahadur Singh, has been convicted and sentenced under Sections 148, 302/149 and 307/149 IPC. Sher Bahadur Singh filed a separate Criminal Appeal No.2412 of 1983 which stood abated vide order dated 11.12.2015. This appeal has, therefore, been pressed only on behalf of the appellant no.1 Ram Samujh, who has been convicted and sentenced as above in S.T. No.139 of 1981.

3. We have heard Sri Sageer Ahmad, learned Senior Counsel, assisted by Sri Shashwat Shukla, for the surviving appellant no.1 (Ram Samujh); Ms. Sanyukta Singh, Brief Holder, and Sri J.K. Upadhyay, learned AGA, for the State; and have perused the record.

INTRODUCTORY FACTS

4. On a written report (Ex. Ka-1), dated 01.05.1981, submit

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