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2023 Supreme(All) 647

UMESH CHANDRA SHARMA
Rakesh – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.K. Sharma, Surendra Kumar Tripathi, Sushil Kumar Chaturvedi
For the Opposite Party : A.G.A.

JUDGMENT :

Umesh Chandra Sharma, J.

1. This criminal revision has been preferred against the judgment and order of conviction and sentencing dated 29.10.1992 passed by the Assistant Sessions Judge-IV, Agra in Sessions Trial No.166 of 1992 (State Vs. Rakesh and others), under Sections 149, 436, 427, 452 IPC as well as the judgment and order dated 27.03.1993 passed by Additional Sessions Judge-IV, Agra in Criminal Appeal No.61 of 1992 (Rakesh and others Vs. State of UP). The trial Judge convicted and sentenced all the accused persons under Section 436 read with Section 149 IPC and sentenced to undergo three and half years rigorous imprisonment each, under Section 452 read with Section 149 IPC for six months rigorous imprisonment each, under Section 427 read with Section 149 IPC they were directed to undergo three months rigorous imprisonment each. It was also directed that all the sentences shall run concurrently.

2. The appeal was partly allowed with regard to accused Veeru and the conviction and sentencing under Section 452 read with Section 149 IPC was also quashed.

3. Being aggrieved by both the order the convicted accused persons have preferred this revision. During the pendency of

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