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2023 Supreme(All) 1304

SHAMIM AHMED
Nankau – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pradeep Kumar Singh, Anshubhan Singh, Manish Bajpai
For the Respondent: Anil Pratap Singh, Sunil Kumar Singh

JUDGMENT :

1. List of cases has been revised and the case is being taken up in the revised call for hearing.

2. Heard learned counsel for the parties and perused the record.

3. The instant Criminal Appeal under Section 374(2) Cr.P.C. has been moved on behalf of the appellants against the order dated 26.03.2010 passed by learned Additional Sessions Judge/Fast Track Court, Room No.VI, Lucknow in Sessions Trial No.1216 of 1999, Crime No.77/1998, Police Station Thakurganj, District Lucknow (State Vs. Nankau & Another), convicting and sentencing the appellants for rigorous imprisonment of six months under Section 323 I.P.C., one year rigorous imprisonment under Section 504 I.P.C., two years rigorous imprisonment under Section 506(2) I.P.C. and two years rigorous imprisonment alongwith fine of Rs.500/-(in default three months rigorous imprisonment) under Section 3(1)(X) S.C./S.T. Act.

4. The prosecution case in brief is that on 06.03.1998, the complainant Ram Dulare submitted a written report in Police Station Thakurganj, District Lucknow, wherein it had been stated that on the date of incident at about 08:00 A.M., when the complainant was standing at his door, the accused appellants came to

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