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2023 Supreme(All) 303

SURENDRA SINGH I
Akhilesh Shukla – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.K. Singh, Shashi Prakash Rai

JUDGMENT :

Heard Sri Shashi Prakash Rai, learned counsel for the appellants and learned A.G.A. for the State.

2. This criminal appeal has been instituted against the judgement and order dated 30.03.1996 passed by Sessions Judge, Siddharthnagar, in Sessions Trial No. 135 of 1991, State Vs. Ram Ashish and others, arising out of Case Crime No. 38 of 1985 u/s 147, 148, 323, 324, 307 I.P.C., P.S.-Uska Bazar, District- Siddharthnagar.

3. By the impugned judgement and order, the trial court has convicted the accused, namely, Ram Ashish, Ram Kishor, Akhilesh, Arvind, Ravindra, Satyadeo and Girjesh u/s 147, 148, 323, 324 r/w 149 I.P.C. and released on probation for two years on the condition of maintaining good conduct and peace in society on furnishing personal bonds of Rs.5,000/-and two sureties in the like amount.

4. The trial court acquitted all the accused from charge u/s 307 I.P.C. No appeal has been filed against acquittal u/s 307 I.P.C. as the order of acquittal has become final.

5. During pendency of appeal, appellant no. 6, Satyadeo and appellant no. 7, Ram Kishor, have died and criminal appeal qua these appellants was abated vide order dated 18.08.2018.

6. It is submitted in the ground

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