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2021 Supreme(All) 1749

RAMESH SINHA, VIVEK VARMA
Shiv Pratap Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.K. Singh, Anurag Kumar Singh, Ghanshyam Tripathi, M L Syal, M.L. Syal, Shashi Kiran Arya, Shishir Pradhan
For the Respondent:Govt. Advocate

JUDGMENT :

Ramesh Sinha, J.

INTRODUCTION

1. Six accused persons, namely, Shiv Pratap Singh, Vijay Vikram Singh, Kali Charan, Nanhey, Ram Autar and Jaskaran were tried by the IV Additional Sessions Judge, Hardoi in Sessions Trial No.314 of 1984 : State Vs. Shiv Pratap Singh and others arising out of Case Crime No.188 of 1983, under Sections 147 , 148, 149, 302 I.P.C. at police station Bilgram, District Hardoi.

2. Vide judgment and order dated 07.06.1985, the learned IV Additional Sessions Judge, Hardoi, while acquitting the accused Jaskaran from all the offences/charges levelled against him, convicted and sentenced the rest of the accused persons, namely, Shiv Pratap Singh, Vijay Vikram Singh, Ram Autar, Kalicharan and Nanhey in the manner as stated herein below:-

    “i. Under Sections 302/149 I.P.C. to undergo life imprisonment; and

    ii. Under Section 323 /149 I.P.C. to undergo six months R.I.”

In addition, the IV Additional Sessions Judge, Hardoi had also convicted the accused Shiv Pratap Singh, Nanhey Lal and Ram Autar under Section 148 I.P.C. and sentenced them to undergo one year’s imprisonment and other two accused persons, namely, Vijay Vikram Singh and Kali Charan were convicted u

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