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2022 Supreme(All) 984

KAUSHAL JAYENDRA THAKER, NALIN KUMAR SRIVASTAVA
Ramswaroop and Rambabu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rakesh Dubey, Lal Mani Singh, Manu Raj Singh

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. This appeal is preferred against the judgment and order dated 03.09.2015 and 07.09.2015 passed by Additional District & Sessions Judge, Court No.1, Kanpur Nagar in S.T. No. 154 of 2009 arising out of Crime No. 439 of 2007 under Section 302 read with 34 I.P.C. at P.S.-Ghatampur, Kanpur Nagar whereby the appellants have been convicted under Section 302 read with 34 I.P.C. and sentenced to life imprisonment and have also awarded fine of Rs.20,000/- each in default thereof, 6 months additional imprisonment is awarded against them. It is further directed that all the sentences awarded against them are run concurrently.

2. The brief facts of the case as culled out from the record are that the informant had kept the criminal machinery into motion after the learned Magistrate passed orders under Section 156 (3) of Cr.P.C. The informant belonged to Ghatampur, District-Kanpur Nagar. He had a brother Kalicharan who was unmarried and was staying with the informant and the informant used to look after him. On 2nd of December 2006 an application under S

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