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2022 Supreme(All) 573

DEVENDRA KUMAR UPADHYAYA, AJAI KUMAR SRIVASTAVA-I
Pankaj Mohan Srivastava – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anand Kumar Srivastava,Alakshyendra Goel,Ankit Kumar,Arun Kumar,Durga Prasad Verma,Manoj Kumar Srivastava,Ram Kushal Tiwari, S.K. Upadhyay,S.M.Nasir,Shiv Nath Goshwami, Shobhit Mohan Shukla,Vivek Srivastava
For the Respondent:Govt. Advocate

JUDGMENT :

Ajai Kumar Srivastava-I, J.

1. By means of the instant appeals, the appellants have assailed the judgment and order dated 27.09.2007 passed by the learned Additional Sessions Judge (Fast Track Court), Court No.4, Lucknow in Sessions Trial No.319 of 1999 arising out of Case Crime No.205 of 1997, under Sections 363, 368 and 364A of the Indian Penal Code (hereinafter referred to as “I.P.C.”), Police Station Aminabad, District Lucknow whereby the appellants, namely, Pankaj Mohan Srivastava and Neeraj Mohan Srivastava (in Criminal Appeal No.2585 of 2007) have been convicted and sentenced for five years’ rigorous imprisonment with a fine of Rs.4,000/- each for the offene under Section 363 I.P.C. and in default of payment of fine, they have further been directed to undergo for a period of six months’ additional rigorous imprisonment. They have also been convicted and sentenced for life imprisonment with a fine of Rs.10,000/- each for the offence under Sections 364A & 368 I.P.C. and in default of payment of fine, a separate recovery proceeding has been directed to be initiated against them. All the sentences were directed to run concurrently except the recovery of fine. The appell

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