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2022 Supreme(All) 1093

SUNEET KUMAR, UMESH CHANDRA SHARMA
Ishrar Ahmad Alias Mintu – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Anubhav Chandra, Devendra Mohan Singh, Lallan Verma, Mangala Prasad Rai, Manoj Kumar Singh, Ram Jatan Yadav, Shivajee Srivastava.

JUDGMENT :

(Umesh Chandra Sharma, J.)

1. We have heard learned counsel for the appellants, learned A.G.A for the State and perused the material available on record.

2. Criminal Appeal No. 4875 of 2014, Criminal Appeal No. 4713 and Criminal Appeal No. 1844 of 2015 have been filed by the appellants therein challenging a common judgment and order passed by Additional Sessions Judge, Court No. 2, Ballia in S.T No. 217 of 2011, arising out of Case Crime No. 53 of 2011, under Sections 376 (2) (g), 307 and 302 I.P.C, Police Station - Sukhpura, District - Ballia, convicting them under Section 376 (2) (g) I.P.C and sentencing for rigorous imprisonment for life and fine of Rs.50,000/- on each of them with default stipulation.

3. The brief facts of the case are as under :-

On a written complaint (Ex. Ka-1) of Nazim Ansari (PW-1), F.I.R (Ex. Ka-23) of Case Crime No. 35 of 2011 was registered under Section 376 I.P.C, at Police Station - Sukhpura, District - Ballia on 08.04.2011 at 12:15 hours by Constable Clerk (PW-10) against Israr @ Mintu, Pintu Yadav and Anoop Yadav. It has been stated in the F.I.R that Zareena Khatoon, daughter of the informant, aged about 17 years, was alone in the house at

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