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2023 Supreme(All) 291

SURENDRA SINGH I
Phool Chandra – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Ajay Singh, Nisha Singh Parihar, R. P. Singh Parihar

JUDGMENT :

Heard Sri R.P. Singh Parihar, learned counsel for the appellant and learned A.G.A. for the State.

2. This criminal appeal has been instituted against the judgement and order dated 20.10.1995 passed by IVth Additional Sessions Judge, Fatehpur, in Sessions Trial No. 508 of 1990, State Vs. Deshraj Singh and others, arising out of Case Crime No. 91 of 1988 u/s 395/397/412 and connected Sessions Trial No. 286 of 1995, State Vs. Phool Chandra, arising out of Case Crime No. 94 of 1988 under Section 25 of Arms Act, P.S.-Jafarganj, District-Fatehpur. The trial court convicted and sentenced co-accused Deshraj Singh Thakur, Shiv Kumar Yadav and Lakhan Lal under Section 380 IPC. They were acquitted from the charge under Section 395 IPC. The trial court convicted appellant accused Phool Chandra under Section 411 IPC and sentenced him two years rigorous imprisonment. The trial court acquitted Phool Chandra from the charge under Sections 395 and 412 IPC. The trial court also acquitted appellant accused under Section 25 of the Arms Act. There is no criminal appeal filed by the State or informant against acquittal of appellant-accused u/s 395 IPC and 25 Arms Act. Thus, the trial court’s or

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