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ARVIND SINGH SANGWAN, RAM MANOHAR NARAYAN MISHRA
Subedar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Arvind Singh Sangwan, J.) :
1. Present appeal is filed challenging the judgment of conviction dated 3.12.1988 vide which accused-Subedar and Buddhu were convicted for offence punishable under Section 302/34 of IPC and the order of sentence dated 5.12.1988, vide which they were sentenced to life imprisonment.
2. It is worth noticing that this Court vide judgment dated 6.4.2017 dismissed the appeal of appellant-Subedar noticing that appellant-Buddhu had died somewhere in the year 1999 and no one represented appellant-Subedar. The appeal was heard without affording opportunity of hearing to the appellant. Thereafter, appellant-Subedar filed SLP (Criminal ) No.6684 of 2020 which was later on converted into Criminal Appeal No.886 of 2020 in which, noticing the fact that the appellant was not afforded opportunity, the case was remanded back to this Court by the Supreme Court with a direction to dispose of the appeal expeditiously.
3. Heard Sri Shravan Kumar Yadav, learned Amicus Curiae for the appellant and learned A.G.A. for the State-respondent.
4. With the assistance of learned counsel for the parties, the entire evidence is re-scrutinized and re-appreciated.
5. The facts as
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