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2022 Supreme(All) 995

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


Advocates:
Advocate Appeared:
For the Appellant : Om Prakash Mishra

JUDGMENT :

1. This jail appeal has been preferred by the appellant, Babu Ram Maurya challenging the judgment and order dated 17th April, 2010 passed by the Special Judge (Prevention of Corruption Act)/Additional Sessions Judge, Bareilly passed in Sessions Trial No. 117 of 2008 (State vs. Babu Ram Maurya) under Sections 302 and 201 I.P.C. as also in Sessions Trial No. 118 of 2008 (State Vs. Babu Ram Maurya) under Sections 4/25 Arm Act, arising out of Crime No. 870 of 2007, Police Station-Subhash Nagar, District-Bareilly, whereby the accused-appellant has been convicted and sentenced to undergo (i) life imprisonment under Section 302 I.P.C. with fine of Rs. 20,000/-, in default thereof, he has to further undergo two years additional imprisonment, (ii) two years rigorous imprisonment under Section 201 I.P.C. with fine of Rs. 5,000/-, in default thereof, he has to further undergo two months additional imprisonment and (iii) one year rigorous imprisonment with fine of Rs. 1,000/-under Sections 4/25 Arms Act, with the direction that all the sentences are to run concurrently.

2. We have heard Mr. Kumar Kartikay, learned Amicus Curiae on behalf of the appellant and Mrs. Archana Singh, learne

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