JUDGEMENT
ARVIND KUMAR MISHRA,J. -
(1.) By way of instant criminal appeal, challenge has
been made to the judgment and order of conviction and sentence dated 11.02.2010 and 17.02.2010
passed by the Additional Sessions Judge, Court No.11, Aligarh, in Sessions
Trial No.86 of 2009 State
of U.P. Vs. Digambar Singh and others, arising out of Case Crime No.259 of 2008, under Section 302 IPC, Police Station- Jawan, District- Aligarh whereby the appellants have been sentenced to life
imprisonment coupled with fine Rs.10,000/- each under Section 302 IPC, with default stipulation
for six months' additional rigorous imprisonment.
(2.) Heard Sri A.K. Srivastava and Sri Sanjay Singh, learned counsel for the appellants, Sri Raghvendra Kumar Mishra, learned counsel for the informant, Sri J.K. Upadhyay, Kumari Meena, learned
A.G.As. assisted by Mrs. Manju Thakur, learned AGAs for the State and perused the record.
(3.) The prosecution case is that the written report was lodged at Police Station Jawan, District Aligarh regarding the incident which took place at 9:30 p.m. on 07.07.2008, by informant Jitendra Kumar
son of Komal Singh, resident of Village Jaraina, Police Station Dibai, District Bulandshahar against
several persons including the present appellants with allegations that the informant along with his
father Komal Singh had come to attend marriage ceremony of his cousin brother at Village Memadi,
within circle of Police Station Jawan, District Aligarh, on 07.07.2008.;
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