Veerpal vs State of U. P. - 2023 Supreme(All) 821

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 821

SURYA PRAKASH KESARWANI, JAYANT BANERJI
Veerpal – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rajiv Lochan Shukla, Ankur Singh Kushwaha, Bhishm Pal Singh, J.B. Singh, Jai Prakash Singh, Rudra Pratap Mishra
For the Respondent: G.A., Pradeep Kumar Bhardwaj

JUDGMENT :

1. This criminal appeal arises against the judgment of conviction and sentence dated 31.08.2016 passed by the First Additional Sessions Judge, Gautam Budh Nagar in Sessions Trial No. 248 of 2013 (State of U.P. Vs. Veerpal and three others) arising out of Case Crime No.1007 of 2012 under Sections 147, 302/149 IPC, P.S. Kasna, District Gautam Budh Nagar, whereby, all the appellants have been convicted for offences under Sections 147, 302/149 IPC and sentenced to go one year rigorous imprisonment under Section 147 IPC and to undergo life imprisonment and fine of Rs. 10,000/-each under Section 302/149 IPC and in default of payment of fine one year of additional imprisonment has been awarded. All the above mentioned sentences have been directed to run concurrently.

2. An FIR (Exhibit Ka-2) was lodged on 16.11.2012 on the basis of information (Exhibit Ka-1) received on that day at 22:30 hours bearing FIR No.786 under Sections 147/302, 34 I.P.C., Police Station-Kasna, District Gautam Budh Nagar. The informant, Vedpal s/o Shobha Ram r/o Village-Chuhadpur, Police Station-Kasna, District Gautam Budh Nagar, stated that on the previous day, that is 15.11.2012, there was an altercation