SAMMATH KATIYAR Vs. STATE OF U.P.
LAWS(ALL)-2019-12-147
HIGH COURT OF ALLAHABAD
Decided on December 18,2019

Sammath Katiyar Appellant
VERSUS
STATE OF U.P. Respondents


Referred Judgements :-

SOMAN VS. STATE OF KERALA [REFERRED TO]
STATE OF MAHARASHTRA VS. BALRAM BAMA PATIL [REFERRED TO]
HARI SINGH VS. SUKHBIR SINGH [REFERRED TO]
SEVAKA PERUMAL VS. STATE OF TAMIL NADU [REFERRED TO]
GIRIJA SHANKAR VS. STATE OF U P [REFERRED TO]
R PRAKASH VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF M P VS. BABLU NATT [REFERRED TO]
STATE OF M P VS. KASHIRAM [REFERRED TO]
ALISTER ANTHONY PAREIRA VS. STATE OF MAHARASHTRA [REFERRED TO]


JUDGEMENT

SIDDHARTH,J. - (1.)Heard Sri Anjani Kumar Dubey, learned counsel for the appellant and Sri Gyan Narayan Kanojia, learned A.G.A. for the State.
(2.)This criminal appeal was initially preferred by four appellants, namely, Sammath Katiyar, Mangi Lal, both sons of Mishri Lal, Binod @ Suman and Kalloo @ Pramod, appellant nos. 2 and 3. During the pendency of appeal Mangi Lal and Binod @ Suman have died and by the order dated 29.05.2019 this appeal has been abated against them.
(3.)Now this appeal stands preferred by only Sammath Katiyar and Kallu @ Pramod, appellant nos. 1 and 4, against the judgment and order dated 20.03.2003 passed by Additional District and Sessions Judge, Kanpur Dehat in Sessions Trial No. 446 of 1999, convicting the appellant, Sammath Katiyar for offences under Sections- 307/149 I.P.C. and sentencing him for 10 years rigorous imprisonment and fine of Rs. 5,000/- and on failure to deposit the fine to undergo 6 months additional imprisonment. He has been further been sentenced for offences under Section 147 I.P.C. to one month imprisonment, under Section 148 I.P.C. to two months imprisonment, under Section 324 I.P.C. read with 149 I.P.C. to one month imprisonment, under Section 323 I.P.C. read with 149 I.P.C. to two months imprisonment and for offence under Section 452 I.P.C. to six months imprisonment and fine of Rs. 100/- on failure to deposit the fine to undergo 15 days additional imprisonment.


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