STATE OF UTTAR PRADESH Vs. NATHU
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
STATE OF UTTAR PRADESH
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(1.)The state is in appeal against the order of acquittal passed by the High Court of judicature at Allahabad.
(2.)The learned first additional sessions judge, Shahjahanpur, convicted the accused persons under section 302/149 of the Indian Penal Code and sentenced each of them to life imprisonment and further convicted them under section 323/149 of the Indian Penal Code and sentenced each of them to one year's rigorous imprisonment with a fine of Rs. 500/- each together with a default clause.
(3.)There is some confusion as regards inclusion of section 149 of the Indian penal Code and the High Court, however, clarified it in its judgment even at the introductory stage that in fact accused persons were tried under sections 302/34 and 323/34 of the Indian Penal code.
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