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2025 Supreme(All) 2178

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vivek Kumar Birla, Jitendra Kumar Sinha
Siaram – Appellant
Versus
State of U.P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.N. Mishra
For the Respondent: A.G.A

JUDGMENT :

Jitendra Kumar Sinha, J.

1. Heard Sri Javed Alam, learned Amicus Curiae for the appellants, Sri O.P. Dwivedi, learned AGA-Ist for the State and perused the record.

2. Present Criminal Appeal has been preferred against the judgement and order dated 21.12.1985 passed by learned Additional District and Sessions Judge, Budaun in Sessions Trial No. 455 of 1983 convicting and sentencing the appellant nos. 1 to 15 under section 302 read with section 149 IPC with life imprisonment and 3 years rigorous imprisonment and fine of Rs. 1000/- each of them under section 325 read with 149 I.P.C. and in default of payment of fine to further undergo three months rigorous imprisonment, further convicting all the accused under section 323 read with section 149 I.P.C. and sentencing each of them to 6 months rigorous imprisonment.

3. Vide order dated 16.7.2024, the appeal stood abated in respect of appellant no. 1- Sia Ram S/O Durgt, appellant No. 3 Dori S/O Kesho, appellant no. 4 Ragghu S/O Rohan, appellant no. 5- Dharam Pal S/O Rohan, appellant no. 6 Toti S/O Khyali, appellant no. 8- Rameshwar S/O Bhoji, appellant no. 9- Mool Chand S/O Bhoji, appellant no.- 10- Man Singh S/O Bhoji, appellant

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