Advocates:
['H R MISRA', '', 'VRINDAVAN MISHRA', 'PANKAJ KUMAR ASTHANA', 'AMICUS CURIAE', 'A G A']

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AFR

RESERVED

Case :- CRIMINAL APPEAL No. - 549 of 1983

Appellant :- Kanta

Respondent :- State of U.P.

Counsel for Appellant :- H.R. Misra,Amicus Curiae,Pankaj

Kumar Asthana,Vrindavan Mishra

Counsel for Respondent :- A.G.A.

Hon'ble Vikram D. Chauhan,J.

1.

Heard Sri Pankaj Kumar Asthana, learned Amicus Curiae

for the appellant, learned A.G.A. for the State and perused the

record.

2.

The present appeal is filed challenging the judgement

dated 18^th February, 1983 passed by the Special and Additional

Sessions Judge, Ghazipur in Sessions Trial No. 143 of 1982

(State Vs. Kanta and others), whereby the Appellant – Kanta

has been convicted under Section 304 of the IPC and has been

sentenced for three years rigorous imprisonment under Section

304 (II) of the IPC.

3.

As per the prosecution case, on 27^th October, 1981, at

about 11:00 a.m., complainant – Chandrajeet lodged a First

Information Report at Police Station Qasimabad, District

Ghazipur being Case Crime No. 161 under Section 304 of the

IPC against Kanta Yadav (Appellant), Rama Shankar Yadav and

Sudarshan. The prosecution case as per the First Information

Report is to the effect that the complainant was resident of

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Villa