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2023 Supreme(All) 70

PRITINKER DIWAKER, NALIN KUMAR SRIVASTAVA
Sanjoo @ Sanjay – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shri Yogesh Srivastava Shri Manu Sharma, Amicus
For the Respondent: Sri J.K. Upadhyay, AGA

JUDGMENT :

Pritinker Diwaker, J.

1. Heard Shri Yogesh Srivastava for appellant Nos. 2, 3 & 4, Shri Manu Sharma, Amicus, for appellant No.1 and Shri J.K. Upadhyay, learned AGA for the State.

2. This appeal arises out of the impugned judgment and order dated 26.03.2009 passed by Special Judge (D.A.A.), Agra in S.T. No. 85 of 2002 (State Vs. Sanjoo @ Sanjay & others) arising out of Crime No. 78 of 2002, under Sections 394, 302, 411, 120-B, I.P.C, and Sessions Trial No. 97 of 2002, arising out of Crime Nos. 84 and 85 of 2002 under Sections 25 and 25/4 Arms Act, Police Station-New Agra, District Agra, convicting appellants Sanjay @ Sanjoo, Praveen Dubey, Banwari and Lala @ Kishan and sentencing them to undergo seven years rigorous imprisonment for the offence u/s 394 with a fine of Rs.5,000/-(each), in default thereof, to undergo additional simple imprisonment for one year; to undergo imprisonment of life for the offence under Section 302/34 of IPC with a fine of Rs.20,000/-(each), in default thereof, to undergo two years additional simple imprisonment; to undergo imprisonment of life for the offence under Section 120-B of IPC with a fine of Rs.10,000/-(each), in default thereof, to underg

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