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2022 Supreme(All) 1663

SUNITA AGARWAL, VIKAS KUNVAR SRIVASTAV
Net Ram – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Subodh Kumar, Avanish Pratap Singh, Dharmendra Dhar Dubey, Mohd. Jamshed Khan, Sanjay Kumar Dwivedi, Shashwat Shukla ( A.C.), Udai Bhan Singh

Table of Content
1. factual summary of the appeal (Para 1 , 2 , 3)
2. arguments presented by appellant and state (Para 9 , 10 , 11)
3. considerations regarding witness credibility (Para 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. description and validation of the crime scene (Para 25 , 26 , 27 , 28)
5. common intention as a basis for liability (Para 34 , 70)
6. establishment and importance of motive (Para 46 , 49 , 68)
7. final order and judgment issued (Para 90 , 91 , 92)

JUDGMENT :

Vikas Kunvar Srivastav, J.

1. The instant criminal appeal is against the judgment and order of sentence dated 25.05.1990 passed by the Additional Sessions Judge, Bareilly in Sessions Trial No.394 of 1987 (State Vs. Netram and Ors.), under Section 302 read with Section 34 of the INDIAN PENAL CODE , 1860, Police Station Aonla, District Bareilly, whereby the appellants were sentenced to undergo rigorous imprisonment for life under Section 302 read with Section 34 of the INDIAN PENAL CODE , 1860.

2. The instant appeal was preferred by three convicted accused namely Netram, Naresh and Krishna Pal, but during the pendency of the appeal, appellant no.1 “Net Ram” and appellant no.3 “Krishna Pal” died. The appeal to their ex

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