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2022 Supreme(All) 1279

SUNITA AGARWAL, SUBHASH CHANDRA SHARMA
Kallu Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Pramod Kumar Srivastava, Mohd. Samiuzzaman Khan, Nisar Uddin.
For the Respondent: Rahul Kumar Tripathi.

JUDGMENT :

SUBHASH CHANDRA SHARMA, J.

1. These appeals emanate from the judgment and order dated 13.02.2013 passed by the Additional Sessions Judge, Court No. 6 Kaushambi in S.T. No. 152 of 2004 (State vs. Kallu Yadav and Others) arising out of Crime No. 153 of 2004, under Section 364, 302, 201 I.P.C. Police Station Puramufti, District Kaushambi whereby the appellants were convicted and sentenced under Section 302 I.P.C. for life imprisonment with fine of Rs. 2000/- under Section 201 I.P.C. for a period of 3 years rigorous imprisonment with fine of Rs. 1000/- and under section 364 I.P.C for a period of 5 years rigorous imprisonment with fine of Rs. 2000/- by each and in default of payment of fine to further undergo for period of one month simple imprisonment. All the sentences are to run concurrently.

2. The prosecution case in brief is that informant Smt. Sudha Devi wife of Sri Baijnath Yadav was resident of the Village Chhabilwa, Police Station Puramufti, District Allahabad (now Kaushambi). On 17.06.2004, the deceased Phoolchand Yadav, son of the informant, was sitting on the board (takht) lying in the varandah at about 12o'clock in the noon. In the meantime, Kallu Yadav known to th

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