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2022 Supreme(All) 1480

MANOJ MISRA, SAMEER JAIN
Pratap Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ravi Shankar Tripathi and S. Raizada.

JUDGMENT :

This appeal is against the judgment and order dated 5.2.2019/7.2.2019 passed by the Vth Additional Sessions Judge, Bareilly in Sessions Trial No. 596 of 2011, arising out of Case Crime No. 1073 of 2010, P.S. Izzatnagar, District-Bareilly, whereby the appellants have been convicted and sentenced under Sections 364/34, 302/34, 201 and 404/34 I.P.C. as follows :

    (i) 10 years R.I. as well as fine of Rs.5,000/- each, coupled with a default sentence of 2 months, under Section 364/34 I.P.C.;

(ii) Imprisonment for life as well as fine of Rs.10,000/- each, coupled with a default sentence of 4 months, under Section 302/34 I.P.C.;

(iii) 7 years R.I. as well as fine of Rs.5,000/- each, coupled with a default sentence of 2 months, under Section 201 I.P.C.; and

(iv) 3 years imprisonment as well as fine of Rs.2,000/- each, coupled with a default sentence of one month, under Section 404/34 I.P.C.

All sentences to run concurrently.

INTRODUCTORY FACTS

2. On 3.5.2010, Mewa Ram (PW-1) gave a written missing report, dated 2.5.2010, (Exb. Ka-1) at P.S. Izzatnagar, District Bareilly which was entered in GD as report No. 70 (Exb. Ka-3), at 21.15 hours, by Head Constable Braj Raj Singh (PW-6). The writt

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