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1999 Supreme(SC) 1142

G.B.PATTANAIK, N.S.HEGDE
Kamaksha Rai – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Santosh Hegde, J.-These two appeals arise out of the judgment dated 22.12.1993 delivered by the High Court of Judicature at Allahabad in Criminal Appeal No. 2803/78. The appeal before the High Court of Allahabad, in turn, arose from the judgment of the first Additional Sessions Judge, Ghazipur, dated 3.10.1978 in Sessions Trial No. 102/76.

2. In regard to an incident which took place in the early morning of 27.4.1975 in village Sherpur Kalan under Bhanwarkol Police Station, district Ghazipur, as many as 65 persons were tried for offences punishable under Section 302 read with Section 149, Sections 147, 364 read with Section 436 read with 149, Section 429 read with 149, Section 323 read with 149, Section 325 read with 149. Out of the said 64 accused persons, the trial Court firstly convicted and sentenced A-1, A-9, A-26, A-33 and A-34 to imprisonment for life under Section 302 read with Section 149 for the murder of Radhey Shyam and Banarsi, and also convicted the abovesaid accused persons under various other offences, particulars of which may not be relevant at this stage. Nextly, the trial court convicted and sentenced the above accused along with A-2, A-3, A-4 to A-8, A-1
























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