Yogesh vs State of U.P. - 2026 Supreme(All) 573

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(All) 573

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, PRASHANT MISHRA-I
Yogesh – Appellant
Versus
State of U.P. – Respondent

Advocates Appeared:
For the Appellant : Arya Suman Pandey, Ashutosh Singh, Ayush Mishra, Rajiv Lochan Shukla, Saurabh Pandey, Sunil Kumar Misra, Suresh Chandra Pandey
For the Respondent: G.A.

JUDGMENT :

1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Ms. Neeja Srivastava, learned counsel for the appellant in Criminal Appeal No. 5307 of 2021; Sri Sagheer Ahmad, learned Senior Advocate assisted by Sri Tripurari Pal, learned counsel for the appellant in Criminal Appeal No. 5365 of 2021 and Sri Suresh Chand Pandey along with Sri Saurabh Pandey, learned counsel for the appellant in Criminal Appeal No. 5319 of 2021; Sri Naseeruzzaman, learned counsel appearing for the informant and Sri C.B. Dhar Dubey, learned A.G.A. for the State were extensively heard.

2. These three Criminal Appeals have been filed by the three convicted accused persons namely Roby @ Sanjeev Kumar, Raghvendra @ Kaalu and Yogesh against the judgment and order dated 24.09.2021 passed by the Sessions Judge, Aligarh in Session Trial No. 109 of 2003 arising out of Case Crime No. 307 of 2002, under Section 302/34 of I.P.C., Police Station – Gandhi Park, District – Aligarh. A fine of Rs. 20,000/- had also been imposed and they had to go additional rigorous imprisonment for six months in default of the payment of fine.

3. Upon an incident that had occurred on 27.04.2002 at around 07:00 AM, a first i