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2026 Supreme(All) 553

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, SANJIV KUMAR
Sheo Kumar Tiwari – Appellant
Versus
State of U.P. – Respondent


Advocates Appeared:
For the Appellants : Jitendra Shanker Pandey, Rajeev Goswami, Virendra Singh, Rakesh
Kumar
For the Respondents: D.P. Singh, V.V. Misra

JUDGMENT :

SANJIV KUMAR, J.

1. The instant Criminal Appeal, under Section 374 (2) Cr.P.C. has been preferred by appellants/convicts Sheo Kumar Tiwari son of Jageraas Tiwari; Kailash Mishra son of Gopal Mishra; Raj Narain Tiwari son of Sheo Kumar Tiwari; Shiv Shankar Pandey son of Varmeshwar Pandey; Ishwar Das Tiwari son of Ramashray Tiwari; Durgadas Tiwari and Devdas Tiwari both sons of Mohan Tiwari, all residents of Village-Puras, Police Station- Bansdih Road, District-Ballia, against the judgment and order dated 03.03.1984 passed by Shri G.D. Dubey, Sessions Judge, Ballia, in Session Trial No. 75 of 1983, arising out of Case Crime No. 24 of 1983 (State Vs. Sheo Kumar Tiwari and Others), under Sections 148 and 302 read with 149 Indian Penal Code, 1860, (in short IPC), Police Station-Bansdih Road, District-Ballia.

2. By the impugned judgment and order, all the appellants were held guilty and have been convicted and sentenced to undergo imprisonment for one year’s rigorous imprisonment for offence punishable under Section 148 IPC; each of them were further sentenced to undergo imprisonment for life for offence punishable under Section 302 read with 149 IPC, and it was directed that all

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