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Man gets 10-year jail term for attempting murder in UP

Defence counsel pleaded that since the accused had been in jail for the last 6 years and 8 months, he should be given minimum sentence.


A man has been sentenced to ten years’ rigorous imprisonment and a fine of Rs 5,000 in a case of attempt to murder.

Additional session judge, Kanpur Nagar, Rekha Singh pronounced this sentence for the accused Surendra Kumar Upadhyaya.

Further, the court acquitted Surendra Kumar from charges framed under sections 392/394/397/398 of IPC for want of evidence.

The accused had shot at one Rajendra Prasad over a family dispute. The doctors extracted the bullet from his left shoulder.

The accused was charged under section 307 of the IPC. Regarding the quantum of sentence, the defence counsel pleaded that since the accused had been in jail for the last 6 years and 8 months and was the lone earning member of the family, he should be given minimum sentence.

The prosecution, on the other hand, demanded maximum sentence as the accused had committed a major offence.

According to Additional District Government Counsel (ADGC) Pradeep Bajpai, the victim’s father, in his complaint lodged on August 6, 2012 at the Barra police station, stated that his son Rajendra Prasad Upadhyaya was returning from Jaunpur district on August 6, 2012 when four motor cycle borne people: Arvind Upadhyaya, Surendra Upadhyaya, Nagendra Kumar and Devendra Kumar Upadhyaya accosted him and robbed him of his mobile phone, a chain, a ring and a bag and then opened fire with an intention to kill him leaving him injured.

Police registered a case and filed a chargesheet against the accused.

According to the ADGC, the three co-accused had been convicted in 2018.

Since Surendra Upadhyaya was absconding, his file was separated and the court sentenced the three co-accused in 2018. Later, Surendra was arrested and his trial was conducted separately, the ADGC said.