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2022 Supreme(All) 825

SUNITA AGARWAL, VIKAS KUNVAR SRIVASTAV
Karan Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellants : N.K. Saxena, A.N. Misra, G.S. Haela, Zafar Abbas.

JUDGMENT :

VIKAS KUNVAR SRIVASTAV, J.

1. The instant criminal appeal is directed against the judgment of conviction and order of sentence dated 27.09.1984 passed by the Additional District and Sessions Judge, Lalitpur in Session Trial No. 47 of 1983 (State vs. Karan Singh), convicting and sentencing the appellant under Section 302, 148, 149 of the Indian Penal Code, 1860 to undergo life imprisonment and rigorous imprisonment for one year respectively (Life imprisonment under Section 302/149 I.P.C. and rigorous imprisonment under Section 148 I.P.C.). From the same Case Crime No. 53 of 1979, under Section 396 I.P.C. Police Station Saujana, District Lalitpur, three sessions trial were instituted i.e. Sessions Trial No. 15 of 1980 (State vs. Aman Singh and Others), Sessions Trial No. 23 of 1980 (State vs. Kishora) and Sessions Trial No. 47 of 1983 (State vs. Karan Singh).

Factual Matrix

2. The prosecution case as emerged from the written information given by the first informant, Kashiram on 22.11.1979 in the Police Station-Saujana, District Lalitpur, the evidence on record both the doc

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