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2023 Supreme(All) 1418

SURYA PRAKASH KESARWANI, NAND PRABHA SHUKLA
Satya Narain Yadava – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.D. Giri, Azad Rai, Birendra Prasad Maurya, Rama Shankar Mishra.
For the Respondents: Bhairo Prasad Dwivedi, Sanjay Mani Tripathi, Shesh Narain Mishra.

JUDGMENT :

1. Heard Shri Gopal Chaturvedi, learned Senior Advocate assisted by Shri Anurag Shukla, learned counsel for the appellants, Shri Shoeb Khan, learned AGA for the State and Shri Sanjay Mani Tripathi, learned counsel for the son of the deceased.

2. This criminal appeal has been filed by the accused-appellants praying to set aside the judgment and order dated 05.10.1985 in Sessions Trial No. 262 of 1982 (State vs. Satya Narain Yadava and Others) under Sections 148, 302/149 and 201 I.P.C. and P.S. Gola, District-Gorakhpur arising out of Case Crime No. 194 of 1980 under Sections 147, 148, 149, 302 and 201 I.P.C. and P.S. Gola, District-Gorakhpur. By the impugned judgment, all the accused-appellants have been convicted with life imprisonment for the offence punishable under Section 302 read with Section 149 I.P.C. two years R.I. for the offence punishable under Section 148 I.P.C. and three years R.I. for the offence punishable under Section 201 I.P.C. All the sentences were to run concurrently.

3. The appeal of the appellant no. 1-Satya Narain Yadava, appellant no. 4-Jagat Narain and appellant no. 7-Phool Chand was abated vide order of this Court dated 05.12.2018 and the appeal of

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