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ANJANI KUMAR MISHRA, UMESH CHANDRA SHARMA
Shyam Behari Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Umesh Chandra Sharma, J.
1. These two appeals have been preferred against the judgment and order dated 2.3.2005 passed by Additional Sessions Judge Court No.5, Allahabad, in S.T. No. 807 of 2000 State Vs. Shyam Bihari Mishra and Others, under Section 302 read with Section 34 IPC and Section 307 read with Section 34 IPC. Police Station Sarai Inayat, District- Allahabad, convicting and sentencing the appellants under Section 302 read with Section 34 IPC for life imprisonment and under Section 307 read with Section 34 IPC for 3 years rigorous imprisonment. Both sentences were directed to run concurrently.
2. In brief, the facts of the case are that informant Shiv Prakash Tiwari r/o Kotwa, police station- Sarai Inayat, Allahabad presented a tehrir Ex. Ka-1 on 10.4.2000 at 9:30 a.m. stating therein that today at about 8:30 am, his brother Jai Prakash Tiwari was returning after worshiping at Goddess Maa Endree Devi Temple with nephew (Bhanja) Kuldeep Mishra on a scooter when he reached near his house, he slowed down his scooter due to drain, Shyam Bihari Mishra exhorted to ki
The court emphasized that framing charges requires a prima facie case supported by credible evidence and witness statements without conducting a mini trial.
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