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2023 Supreme(All) 408

SURENDRA SINGH-I
Khandar Singh – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shashank Shekhar, Deepak Rana.

JUDGMENT :

SURENDRA SINGH-I, J.

1. Heard Sri Deepak Rana, learned counsel for the appellants and Sri Sunil Kumar Tripathi, learned A.G.A. for the State.

2. This criminal appeal has been filed against the judgment and order dated 26.04.1988 passed by VIth Additional District and Sessions Judge, Ghaziabad, in Sessions Trial No. 94 of 1986, State of U.P. vs. Khandar Singh and Others, arising out of Case Crime No. 19A of 1982, under Sections 147, 323, 324, 325, Police Station-Babugarh, District-Ghaziabad.

3. By the impugned order, the appellants Khandar Singh, Bir Singh, Sukhbir Singh, Rishi Pal Singh, Shri Pal Singh and Smt. Phoolwati were convicted under Sections 147, 323/149, 324/149 and 325/149 IPC and sentenced under Section 147 IPC for one year’s rigorous imprisonment, under Section 325/149 IPC for two years’ rigorous imprisonment and Rs. 2000/- as fine, in default of payment of fine six months’ rigorous imprisonment, under Section 324/149 one year’s rigorous imprisonment and under Section 323/149 three months’ rigorous imprisonment. The period of sentence in each sections will run concurrently.

4. During pendency of appeal accused Khandar Singh, Rishi Pal Singh and Smt. Phoolwati die

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