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2003 Supreme(SC) 952

DORAISWAMY RAJU, ARIJIT PASAYAT
State Of U. P. – Appellant
Versus
Babu – Respondent


JUDGMENT

Arijit Pasayat, J.-The four respondents were accused of having caused homicidal death of Munshi Lal (hereinafter referred to as the deceased ), committing dacoity and attempting to commit murder of Ramai (PW-1). Though the IV Additional Sessions Judge found them guilty of several offences and convicted and sentenced them, the High Court found them innocent by the impugned judgment and directed their acquittal.

2. Factual scenario according to the prosecution is as follows:-

Around mid-night of 9.5.1978, dacoity was committed in the house of P.W.1, during which deceased was murdered. Along with accused persons, several others numbering 8-9 had forced into the house of Ramai. Accused Suraj Pal belongs to the same village as that of the deceased and PW1. The others belong to the neighbouring village i.e. Gangupura. Four of them were identified by Ramai and other witnesses at the spot itself. Though dacoity was committed, the primary object was to commit murder of the deceased since he had once objected the marriage of Tarawati, the sister of accused- Suraj Pal with accused-Babu and this had caused bad blood between the two. Accused-Babu had even lodged the First Information Rep











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