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2022 Supreme(All) 1252

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


Advocates:
Advocate Appeared:
For the Appellant : Sita Ram Sharma

JUDGMENT :

Shiv Shanker Prasad, J.

1. This jail appeal has been preferred by the appellant-Manoj Kumar Yadav challenging the judgment and order dated 10th April, 2015 passed by the Additional District & Sessions Judge, Court No.4, Kannauj in Sessions Trial No. 262 of 2011 (State Vs. Manoj Kumar Yadav), arising out of Crime No. 210 of 2011, under Section 304 I.P.C., Police Station-Tirva, District Kannauj, whereby the accused-appellant has been convicted and sentenced to undergo life imprisonment under Section 304 I.P.C. with fine of Rs. 5,000/-, in default thereof, he has to further undergo three months additional imprisonment.

2. We have heard Sri Sita Ram, learned Amicus curiae for the appellant in the present jail appeal and Ms. Archana Singh, learned A.G.A. for the State as also perused the material available on record.

3. Records of the present jail appeal reveal that on the written report (Exhibit-ka/1) dated 3rd July, 2011 of the informant-P.W.-1, namely, Mishri Lal, which was scribed by one Harinath Singh, a first information report was registered under Section 304 I.P.C. as Chik No. 154/11, on 3rd July, 2011 at 11:00 a.m. alleging therein that Ramkali wife of the informant alon

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