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2024 Supreme(All) 697

ASHWANI KUMAR MISHRA, MOHD. AZHAR HUSAIN IDRISI
Matgulla @ Ajay – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kumar Ashutosh Srivastava,Dinesh Kumar,Manvendra Singh,Mohit Behari Mathur,Paritosh Sukla
For the Respondent: G.A.

JUDGMENT :

Ashwani Kumar Mishra, J.

1. These appeals are directed against judgment and order of conviction and sentence dated 26.4.2019 and 29.4.2019, passed by Sessions Judge, Amroha, in Sessions Trial No. 172 of 2016 (State Vs. Matgulla @ Ajay and another), arising out of Case Crime No.60 of 2016; and Sessions Trial No.171 of 2016 (State Vs. Matgulla @ Ajay) arising out of Case Crime No.62 of 2016, Police Station Hasanpur, District Amroha, whereby the accused appellants Matgulla @ Ajay and Sanjay have been convicted and sentenced to life imprisonment alongwith fine of Rs.30,000/- each under Section 302/34 IPC and on failure to deposit fine to undergo additional imprisonment for one year; two years rigorous imprisonment under Section 504 IPC, and also accused appellant Matgulla @ Ajay has been convicted and sentenced to one year rigorous imprisonment alongwith fine of Rs.5,000/- under Section 4/25 of the Arms Act and on failure to deposit fine to undergo additional imprisonment for three months. All sentences are to run concurrently.

2. Written report of informant Lala (PW-1) forms the basis of prosecution case as per which his brother had lit fire near the graveyard and was sitting

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