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2022 Supreme(All) 883

SUNITA AGARWAL, SUBHASH CHANDRA SHARMA
Budh Sen – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Taha Bin Islam, Ambrish Kumar Kashyap.A.C., Anil Raghav, Arun K. Singh Deshwal, Bal Krishna Yadav, I.M. Khan, J.S. Sengar, J.S. Tomar, Janardan Prasad Tripathi, K.D.Tiwari, N.I. Jafri, Neelesh Kesharwani, P.P.S.Rathore, R.K.Mishra, Rohit Sharan Tomar, S.P.S.Raghav, Sabhajeet Singh, Sanjay Kumar, Vindeshwari Prasad
For the Respondent:Govt. Advocate

JUDGMENT :

SUBHASH CHANDRA SHARMA, J.

1. These criminal appeals emanate from the judgment and order dated 10.02.2004 passed by the learned Additional District & Sessions Judge, Court No. 3, Rampur in Sessions Trial No. 624 of 1999 (State Vs. Buddhsen and others), arising out of Crime No. 93 of 1999, under Sections 148, 302/149 IPC; Sessions Trial No. 625 of 1999 (State Vs. Veerpal) arising out of Crime No. 94 of 1999, under Section 25 Arms Act and Sessions Trial No. 626 of 1999 (State Vs. Janki) arising out of Crime No. 95 of 1999, under Section 25/4 Arms Act, Police Station Patwai District Rampur, whereby the appellants-Buddhasen, Jairam, Hori Lal, Mahipal, Janki and Veerpal, each have been convicted and sentenced under Section 148 IPC for six months rigorous imprisonment and Section 302/149 IPC for life imprisonment and fine of Rs.5,000/-; in default of payment of fine they have to undergo additional imprisonment for a period of six months. Appellants Janki and Veerpal were acquitted of the charges under Section 25 Arms Act.

2. The prosecution case in brief is that on 13.7.1999 at about 8.30 a.m., an F.I.R. was lodged at the Police Station Patwai, District Rampur by the informant La

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