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2022 Supreme(All) 602

MANOJ KUMAR GUPTA, OM PRAKASH TRIPATHI
Piyush Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pankaj Bharti,Alok Ranjan Mishra,Anand Prakash Srivastava,Beenu Singh,Noor Mohammad,Satya Dheer Singh Jadaun,Ved Prakash Pandey,Vishal Agarwal, Sita Ram Vishwakarma, S.Alim Shah, I.K. Chaturvedi,Bharat Bhushan Paul,Sayed Saifulla (A.C.)
For the Respondent:Govt. Advocate, Dileep Kumar,R.K. Srivastava,S.P.S.Raghava, Govt. Advocate, Anil Raghav, Virendra Kumar Srivastava

JUDGMENT :

Manoj Kumar Gupta, Om Prakash Tripathi, JJ.

1. Appeals bearing No.5806 of 2006, 6421 of 2006 and 6412 of 2006 are by accused persons against the judgment by the Court of Special Judge (D.A.A.), Agra dated 26.8.2006 convicting them under Sections 364-A, 302, 201 IPC and sentencing them to rigorous life imprisonment and fine of Rs.10,000/- each under Section 364-A IPC and same punishment for offence under Section 302 IPC and seven years rigorous imprisonment and fine of Rs.10,000/- each for offence under Section 201 IPC and in case of default in payment of fine, additional simple imprisonment of one year for each offence. All the sentences so awarded were to run concurrently and default sentences consecutively. Half of the fine was to go to the complainant, PW-1.

2. Criminal Revision No.6146 of 2006 is by complainant for enhancement of sentence of the convicted appellants from life imprisonment to capital punishment. The same prayer has been made in G.A. No.598 of 2021. Since all these matters relate to the same offence and involve common questions of facts and law, therefore, all the matters were heard together and are being decided by this common judgement.

3. The case relat

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