CRIMINAL APPEAL No. 1513 of 2007 at Lucknow

Neutral Citation No. - 2026:AHC-LKO:19968 HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 1513 of 2007 Gaya Prasad …..Appellant(s) Versus State of U.P. …..Respondent(s) Counsel for Appellant(s) : Triveni Prasad, Counsel for Respondent(s) : G.a, Reserved on 25.02.2026 Delivered on 19.03.2026 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the appellant and learned A.G.A for the State. 2. The present appeal under Section 374 (2) of the Code of Criminal Procedure has been preferred by the appellant-Gaya Prasad against the judgment and order dated 30.06.2007 passed by the court of Additional Sessions Judge, F.T.C. Court No. 5, Lucknow in Session Trail No. 340/05 arising out of Case Crime No. 37/99 : State Versus Gaya Prasad and others , whereby the appellant has been convicted under Sections 41/411 Indian Penal Code (herein after referred to as “I.P.C.”) for two years' rigorous imprisonment and under Section 403 I.P.C. for a period 2 CRLA No. - 1513 of 2007 of one year's rigorous imprisonment. All sentences are to run concurrently. 3. The prosecution case is that on 01.02.1999 at approximately 7:35 PM, Sub-Inspector Anand Kumar Rai, a