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2022 Supreme(All) 1301

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


Advocates:
Advocate Appeared:
For the Appellant : From Jail, Sushil Kumar Dwivedi, Virendra Pratap Yadav
For the Respondent: A.G.A., Sanjay Sharma

JUDGMENT :

1. Heard Sri Virendra Pratap Yadav, learned Amicus Curiae for the appellant and the learned A.G.A. for the State.

2. This jail appeal is by the accused-appellant Ashok Yadav, who has been convicted in Sessions Trial No. 521 of 2011 (State Vs. Ashok Yadav), arising out of Case Crime No. 288 of 2011, under Section 302, 201 I.P.C., Police Station Puramufti, District Kaushambi and has been sentenced to life imprisonment alongwith fine of Rs.10,000/- under Section 302 I.P.C. and in default of payment in fine to further one year additional imprisonment; seven years imprisonment alongwith fine of Rs.5000/-for the offence under Section 201 I.P.C. and in default of payment in fine to one year additional imprisonment. All sentences are to run concurrently.

3. The prosecution case proceeds on a written report of Basant Lal (P.W.-1), who has stated that next to his house is the house of his uncle Ashok Yadav (accused), who is of cantankerous nature and is a thief. He has thrown his wife out of the house about 3-4 months back and his only son Gangadeen (deceased), aged about 13 years was living with him. The deceased often used to have his meals at the house of the informant and he also

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