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2022 Supreme(All) 823

MANOJ MISRA, SYED AFTAB HUSAIN RIZVI
Rajendra Prasad Sharma @ Toni @ Sonu – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellants : Mayank Bhushan, Akash Mishra, Prashant Kumar Srivastava.

JUDGMENT :

1. We have heard Sri Vikram Singh Srivastava as an Amicus Curiae, appointed under order dated 18.05.2022, for the appellant, who is in jail; Sri J.K. Upadhyay, learned AGA, for the State and have perused the record.

2. This appeal is against the judgment and order dated 29.03.2007/30.03.2007 passed by the 16th Additional Sessions Judge, Kanpur Nagar in S.T. No. 216 of 2005 thereby, convicting and sentencing the appellant under Section 302 IPC to imprisonment for life.

INTRODUCTORY FACTS

3. The prosecution case, in brief, is that the appellant was a tenant of a one room accommodation owned by PW-1 (Ashok Kumar Tiwari). On 02.06.2004, when foul odour was sensed, the lock of the room was broke open to notice dead body of a girl dressed in a bridal attire lying on a cot. From that room a Sindurdan, Bindi, Lipstick, Broken bangles and few metal articles were recovered of which a seizure memo (Ex.Ka-2) was prepared. A piece of blanket over which the dead body was lying was also seized of which seizure memo (Ex.Ka-3) was prepared. Blood stained floor and plain floor of the spot from where the body was recovered was also lifted of which seizure memo (Ex.Ka-4) was prepared. Inquest w

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