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2022 Supreme(All) 981

ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD
Ram Charan – Appellant
Versus
State – Respondent


JUDGMENT :

Shiv Shanker Prasad, J.

1. This appeal has been preferred by appellants, Ram Charan and Baldev against the judgment and order dated 16th September, 1978 passed by the Sessions Judge, Jhansi in Sessions Trial No. 182 of 1977 State Vs. Zalim and Others), under Sections 302/34 I.P.C. 323/325 I.P.C. read with Section 34 I.P.C. and Section 452 I.P.C., Police Station-Mau, District-Jhansi, whereby all the accused-appellants have been convicted and sentenced to undergo (i) imprisonment for life under Section 302/34 I.P.C. for each of the two murders of Khuman and Halku; (ii) rigorous imprisonment for a period of two years under Section 452 I.P.C., (iii) imprisonment for a period of one year under Section 325/34 I.P.C., and (iv) imprisonment for six months under Section 323 I.P.C. with the observation that all the sentences were to run concurrently.

2. We have heard Mr. Ran Vijay Singh, Advocate and Ms. Katyayani, Advocate, who was earlier appointed as Amicus Curiae on behalf of the appellants and Mr. Arunendra Singh, learned A.G.A. for the State as also perused the entire materials available on record.

3. The prosecution story, as reflected from the records, is as follows :

The decea

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