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1996 Supreme(SC) 1048

M.K.MUKHERJEE, S.P.KURDUKAR
Ram Lakhan – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

S.P. Kurdukar, J.-On 17.9.1975 at about 5.00 p.m. in a small village called Baddapur, under Police Station Loni Katra in district Barabanki, three gruesome murders of Ram Sewak, Hari Prasad and Bhola took place. Ram Sewak and Hari Prasad were real brothers. Bhola was the son of Hari Prasad. On the fateful day, Ram Sewak had gone to Haidergarh market while complainant Jang Bahadur (PW 1) had gone to Tejwapur market. Jang Bahadur after finishing his work in the market was returning to his village alongwith Devi Dayal and Hanuman on the Canal Patri and when they reached near the grove of Jugdamba Singh, they heard a big sound of explosion of hand grenade. They also heard cries coming from the side of the field of Gaya Prasad. When Jang Bahadur (P.W.1) looked towards the said field, he noticed Ram Sewak being attacked by accused persons, namely, Bishambhar, Maharaj Din, Deoki Nandan, Rameshwar, Ram Lakhan, Sri Chand, Jagat and four unknown persons. Due to murderous assault, Ram Sewak died on the spot. Within a short time, they heard another alarm coming from western side of the well of Hari Prasad and therefore they went in that direction. It was then noticed that Hari Prasad a















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