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2025 Supreme(All) 62

IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, MOHD. AZHAR HUSAIN IDRISI
Ram Bharosey – Appellant
Versus
State of U.P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Apul Misra, Devendra Pratap
For the Respondent: A.G.A., Ashvani Tripathi,Brijesh Sahai (Senior Adv.), Jai Singh Yadav, Jitendra Singh, Pradeep Kumar Mishra, Raghuvansh Misra

JUDGMENT :

Vivek Kumar Birla, Mohd. Azhar Husain Idrisi, JJ.

1. Heard Shri Apul Mishra alongwith Shri Vivek Shukla, learned counsel for the appellants, Shri Vinay Saran, learned Senior Counsel assisted by Shri Pradeep Kumar Mishra, Shri Ashvani Tripathi, learned counsel for the informant as well as Shri Rahul Asthana, learned AGA for the State of U.P. and perused the record.

2. Present Criminal Appeal is being preferred against the judgment and order dated 28.01.1993, passed by learned Additional Sessions Judge/Special Judge E.C. Act, Budaun in Sessions Trial No.176/87 convicting and sentencing the appellants- Ram Bharosey and Bankey with life imprisonment, under Section 302 read with section 149 IPC and 5 years Rigorous Imprisonment, under Section 148 IPC , and appellants- Shishu Pal, Yogendra, Bhup Singh, Shiv Lal and Ashok alias Rohtash are sentenced for life imprisonment under section 302 IPC read with Section 149 IPC and 3 years Rigorous Imprisonment under section 147 IPC .

3. Vide order dated 05.03.2025 the appeal stood abated in respect of appellant no.1-Ram Bharosey son of Vikram Singh and Appellant no.5-Shiv Lal son of Kundal Singh. Now the appeal is surviving only in respect

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