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2024 Supreme(All) 1115

SANJAY KUMAR SINGH
Afjal Ansari – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Parties : Mr. G.S. Chaturvedi, Senior Adv., Mr. D.S. Mishra, Sr. Adv., Mr. Upendra Upadhyay, Adv., Mr. P.C. Srivastava, AAG, Mr. J.K. Upadhyay, AGA, Mr. Sudist Kumar, Adv.

JUDGMENT :

(Sanjay Kumar Singh, J.) :

Srl. No.

Contents

1.

Details of conviction and sentence.

2.

Directions of Hon'ble Supreme Court.

3.

Brief facts.

4.

Submissions on behalf of appellant in Criminal Appeal.

5.

Submissions on behalf of the State and Victim in Criminal Appeal.

6.

Submissions on behalf of the State and Victim in Government Appeal and Criminal Revision.

7.

Submissions on behalf of accused-Opposite party in Government Appeal and Criminal Revision.

8.

Definition of Gang, Gangster and Punishment under the Gangster Act.

9.

Ingredients of the Gangsters Act.

10.

Main Issues.

11.

Analysis about base case.

12.

Analysis about gang chart.

13.

Analysis about charge.

 

(a) Discussion about first part of charge.

 

(b) Discussion about second part of charge as well as prosecution evidence.

 

(c) Discussion about third part of charge.

14.

Analysis of statement U/s 313 Cr.P.C..

15.

Analysis about defence evidence.

16.

Discussion about criminal history of appellant.

17.

Impact of Criminal History of Mukhtar

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          Judicial Analysis

          None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law based solely on the provided descriptions. There are no keywords such as "overruled," "reversed," "criticized," or "abrogated" that suggest any case has been explicitly discredited or invalidated in subsequent rulings.

          [Followed/Supported]

          Kharkan VS State Of U. P. - 1963 0 Supreme(SC) 213: The case discusses the legal principle regarding prior acquittal and subsequent conviction, which appears to be a settled legal position without any indication of it being overruled or questioned.

          Suryakant Baburao @ Ramrao Phad VS State of Maharashtra - 2020 5 Supreme 459: The principles regarding sentencing and the need for reasons are standard judicial practices; no indication of subsequent treatment suggesting it has been overruled.

          Sangeetaben Mahendrabhai Patel VS State of Gujarat - 2012 3 Supreme 185: The explanation of the doctrine of autrefois acquit and the necessity for same ingredients in subsequent cases reflects well-established legal principles, without signs of disapproval.

          ASHOK KUMAR DIXIT VS STATE - 1987 0 Supreme(All) 117: The case affirms the power of the legislature, a fundamental constitutional principle, unlikely to have been overruled.

          Ashwani Kumar @ Ashu VS State Of Punjab - 2015 0 Supreme(SC) 323: The discussion on evidence and estoppel indicates a consistent legal approach, with no signs of being overruled.

          V. K. MISHRA VS STATE OF UTTARAKHAND - 2015 5 Supreme 614: The detailed explanation of FIR, evidence, and section 304B IPC reflects standard procedural understanding; no indication of disapproval.

          Sumer Singh VS Surajbhan Singh - 2014 5 Supreme 120: The statement on judicial discretion and balancing sentences is a standard legal principle, with no signs of being overruled.

          P. V. George VS State Of Kerala - 2007 1 Supreme 996: The principles regarding prospective overruling and retrospective effect are foundational and unlikely to have been invalidated.

          [Uncertain/No Clear Treatment]

          All cases lack explicit references to subsequent treatment, such as being overruled or criticized. Therefore, their treatment remains unclear based solely on the provided descriptions.

          All listed cases: There is no explicit information indicating whether any of these cases have been overruled, reversed, or criticized in subsequent judgments. Without such references, their treatment status remains uncertain. To definitively categorize any case as overruled or bad law, additional context or case law history would be necessary.

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