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2022 Supreme(All) 1213

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


Advocates:
Advocate Appeared:
For the Appellant : From Jail, Devendra Dahma.

JUDGMENT :

Shiv Shanker Prasad, J.

1. This appeal has been preferred by appellant, Ram Prakash against the judgment and order dated 11th September, 1984 passed by the Special Judge (E.C. Act)/Additional Sessions Judge, Farrukhabad in Sessions Trial No. 169 of 1982 (State vs. Ram Prakash) under Section 302 I.P.C., Police Station-Gursahaiganj, District-Farrukhabad, whereby the accused-appellant has been convicted and sentenced to undergo imprisonment for life under Section 302 I.P.C.

2. We have heard Mr. Raj Kumar Sharma, learned Amicus Curiae on behalf of the appellant and Mr. Arun Kumar Singh, learned A.G.A. for the State and also perused the entire materials available on record.

3. Initially hearing in the matter was concluded on 2nd November, 2022 and 10th November, 2022 was fixed for delivery of judgment. While preparing the judgment it was noticed that the Session Court after convicting the accused-appellant has sentenced him to life imprisonment for the offence punishable under Section 302 I.P.C. without passing any order on the aspect relating to fine.

4. Once the concerned court of Session convicts an accused under Section 302 I.P.C., it was required to pass order in respect of t

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