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2024 Supreme(All) 1284

ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Daya Prasad @ Vyas Ji – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Gunjan Sharma
For the Respondent:Govt. Advocate

JUDGMENT :

Ashwani Kumar Mishra, J.

1. This appeal is directed against the judgment and order of conviction and sentence dated 30.5.2013, passed by the Special Judge (SC/ST Act), Banda, in Special Criminal Case No. 43 of 2009 (State Vs. Daya Prasad @ Vyas Ji), arising out of Case Crime No.378 of 2008, Police Station Girvan, District Banda, whereby the accused appellant Daya Prasad @ Vyas Ji has been convicted and sentenced to rigorous life imprisonment alongwith fine of Rs.25,000/-, each, under Section 302 I.P.C. read with Section 3(2)(v) SC/ST Act; ten years rigorous imprisonment under Section 377 I.P.C. alongwith fine of Rs. 10,000/- and five years rigorous imprisonment alongwith fine of Rs. 5,000/-, each, under Section 201 IPC and on failure to deposit fine to undergo one year, six months and three months, respectively, additional rigorous imprisonment have been given. All the sentences are directed to run concurrently.

2. The informant is the father of the deceased who has made a written report stating that his 13 year old son Ram Babu had gone out of the house at about 2.00 pm on 13.10.2008. Despite efforts made, he could not be found. On 16.10.2008 at about 12.00 in the afternoo

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