AVADHESH KUMAR Vs. STATE OF U P
LAWS(ALL)-2018-7-154
HIGH COURT OF ALLAHABAD
Decided on
July 31,2018
AVADHESH KUMAR
Appellant
VERSUS
STATE OF U P
Respondents
Referred Judgements :-
SARDUL SINGH V. STATE OF HARYANA [REFERRED TO]RAMESHWAR S O KALYAN SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
ZWINGLEE ARIEL VS. STATE OL MADHYA PRADESH [REFERRED TO]
DALIP SINGH VS. STATE OF PUNJAB [REFERRED TO]
GURCHARAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
NISAR ALI VS. STATE OF UTTAR PRADESH [REFERRED TO]
VADIVELU THEVAR CHINNIAH SERVAI VS. STATE OF MADRAS [REFERRED TO]
UGAR AHIR VS. STATE OF BIHAR [REFERRED TO]
MASALTI MUNGA RAM BHAGWATI CHANDAN SINALI LAXMI PRASAD VS. STATE OF UTTAR PRADESH [REFERRED TO]
SOHRAB S O BELI NAYATA VS. STATE OF MADHYA PRADESH [REFERRED TO]
GULI CHAND VS. STATE OF RAJASTHAN [REFERRED TO]
BALAKA SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF RAJASTHAN VS. KALKI [REFERRED TO]
STATE OF UTTAR PRADESH VS. HARI MOHAN [REFERRED TO]
GANGADHAR BEHERA VS. STATE OF ORISSA [REFERRED TO]
OM PRAKASH RAJA VS. STATE OF UTTARANCHAL [REFERRED TO]
SHIVRAJ BIPURAY JADHAV VS. STATE OF KARNATAKA [REFERRED TO]
JUDGEMENT
Umesh Chandra Tripathi, J. -
(1.)This criminal appeal is born out of the judgment and order dated 20.03.2004 passed by Additional Sessions Judge/F.T.C. No. 3, Mirzapur, in Sessions Trial No. 278 of 1998 (State v. Avadhesh), Police Station - Kotwali Katra, District - Mirzapur, whereby appellant Avadhesh Kumar was convicted and sentenced as follows :
(i) Imprisonment for life and fine of Rs. 10,000/- and in case of default in payment of fine, additional imprisonment for two years, under Section 302 of the Indian Penal Code (in short 'IPC'); and
(ii) Seven years' rigorous imprisonment and fine of Rs. 5,000/- and in case of default in payment of fine, additional imprisonment for one year, under Section 307 of IPC;
(2.)Both the sentences were directed to run simultaneously.
(3.)Stream of events leading up to the lodging of the first information report are that on 09.08.1998 at about 04.00 A.M., while informant Maya Shanker s/o Pudai r/o Village Chandra Deepa, Police Station - Kotwali Katra, District - Mirzapur, along with his family members was sleeping in his house, his neighbour Neetu d/o Shambhoo Nath Dubey, aged about 13 years, came to his house, running and crying and told that Avadhesh Kumar has killed her parents. He also chased Neetu to kill her, but she managed to escape, bearing few injuries. On this, informant Maya Shanker and Pradeep s/o Kapil Dev came out and they saw Avadhesh Kumar fleeing towards the east. Thereafter, they went to the place of occurrence and saw neighbour Shambhoo Nath Dubey and his wife Shanti Gupta lying dead outside their room. It was requested that report be lodged and appropriate action be taken. The written report is on record and the same is marked as Ex.Ka.1.
(i) Imprisonment for life and fine of Rs. 10,000/- and in case of default in payment of fine, additional imprisonment for two years, under Section 302 of the Indian Penal Code (in short 'IPC'); and
(ii) Seven years' rigorous imprisonment and fine of Rs. 5,000/- and in case of default in payment of fine, additional imprisonment for one year, under Section 307 of IPC;
(2.)Both the sentences were directed to run simultaneously.
(3.)Stream of events leading up to the lodging of the first information report are that on 09.08.1998 at about 04.00 A.M., while informant Maya Shanker s/o Pudai r/o Village Chandra Deepa, Police Station - Kotwali Katra, District - Mirzapur, along with his family members was sleeping in his house, his neighbour Neetu d/o Shambhoo Nath Dubey, aged about 13 years, came to his house, running and crying and told that Avadhesh Kumar has killed her parents. He also chased Neetu to kill her, but she managed to escape, bearing few injuries. On this, informant Maya Shanker and Pradeep s/o Kapil Dev came out and they saw Avadhesh Kumar fleeing towards the east. Thereafter, they went to the place of occurrence and saw neighbour Shambhoo Nath Dubey and his wife Shanti Gupta lying dead outside their room. It was requested that report be lodged and appropriate action be taken. The written report is on record and the same is marked as Ex.Ka.1.
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