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2023 Supreme(All) 1602

ASHWANI KUMAR MISHRA, SYED AFTAB HUSAIN RIZVI
Amit Yadav @ Golu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ramesh Chandra Yadav, Dileep Kumar Yadav, Raj Karan Yadav, Diwakar Tiwari, Gyanendra Singh
For the Respondent: Deepak Dubey, Gyanendra Singh

JUDGMENT :

1. Heard Sri Gajendra Pratap, learned Senior counsel assisted by Smt. Abhilasha Singh, learned amicus curiae for the appellant, Sri Aniruddha Chaturvedi, learned counsel for the informant and Sri Amit Sinha, learned AGA assisted by Ms. Mayuri for the State.

2. Capital Case No.8 of 2020 arises out of judgment of conviction and sentence passed by Additional Sessions Judge-IV/Special Judge (E.C. Act), Banda in Sessions Trial No.93 of 2018, arising out of Case Crime No.086 of 2018, under Sections 302/34, 201, 120-B IPC, Police Station Kotwali Nagar, District Banda, wherein death penalty has been imposed on the accused appellant. Records relating to the proceedings of court below have been forwarded to this Court under Section 366 Cr.P.C. for confirmation of death sentence. It is registered as Capital Reference No.7 of 2020. The appeal filed by the informant under Section 372 Cr.P.C. challenging the acquittal of accused Smt. Deva and Sri Devi Deen @ Bhawani Deen Yadav being Criminal Appeal u/s 372 Cr.P.C. No.21 of 2021 is also connected with the Capital Appeal. All three ca

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