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2022 Supreme(All) 1194

SHIV SHANKER PRASAD, ASHWANI KUMAR MISHRA
Tayyab – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Salman Ahmad, Atharva Dixit, Rajiv Lochan Shukla, Vijay Kumar Dwivedi.
For the Respondents: Amit Kr. Srivasstava, Shams Tabrez Ali.

JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. Criminal Appeal Nos. 5705 of 2013 (Tayyab and Tahir vs. State of U.P.), 324 of 2014 (Waheed Ahmad vs. State of U.P.) and 362 of 2014 (Iqbal vs. State of U.P.) are directed against the judgment and order dated 27.11.2013, passed by Additional Session Judge/Special Judge (E.C. Act), Bareilly in Session Trial No. 345 of 2009 (State vs. Tahir and Others), arising out of Case Crime No. 76 of 2009 under Sections 323/34, 324/34, 302/34, 504 and 506(2) IPC, Police Station Bahedi, District Bareilly, whereby accused appellants have been convicted and sentenced to undergo one year imprisonment under section 323/34 IPC; two year imprisonment under section 324/34 IPC and life imprisonment under section 302/34 IPC with fine of Rs. 10,000/- each and in default of fine the accused appellants are to further undergo one year additional imprisonment. All the sentences are to run concurrently and half of the fine is directed to be paid to the nearest relative of deceased Minzar.

2. Prosecution case in this case proceeds upon a written report of first informant Mohd. Arif (PW-1) alleging that on 17.01.2009, at about 08.45 P.M. he was going towards Majar of Maula Shah

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