Sanjay Kumar vs State of U. P. - 2023 Supreme(All) 813

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 813

RAM MANOHAR NARAYAN MISHRA
Sanjay Kumar – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rajehs Yadav, Dileep Kumar Singh, Mukhtar Alam, Saquib Mukhtar

JUDGMENT :

1. Instant criminal appeal under Section 374(2) has been preferred by accused Sanjay Kumar against judgment and order dated 02.06.2017, passed by Addl. District and Sessions Judge, Court No.7, Gorakhpur in S.T. No. 89 of 2016 arising out of Case Crime No. 313 of 2015 under Sections 366 and 363 I.P.C., P.S.-Pipiganj, District-Gorakhpur, whereby the accused appellant have been convicted for charge under Sections 363, 366 I.P.C. and sentenced as under:

i)	under Section 363 I.P.C.,	to undergo 5 years rigorous imprisonment and a fine of Rs. 5,000/- fine;
ii)	under Section 366 I.P.C.,	to undergo 7 years rigorous imprisonment and a fine of Rs. 10,000/- fine;
all the sentences were directed to run concurrently and out of total amount of fine, fifty percent thereof is directed to be paid to the victim as compensation.

2. The factual matrix of the case, which is relevant for present appeal is that informant Shiv Kumar lodged an F.I.R. with P.S. concerned on 03.12.2015 at 06:45 hours, wherein he stated that in the night of 26.11.2015, his m