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1971 Supreme(SC) 600

D.G.PALEKAR, P.JAGANMOHAN REDDY
Ram Tahal – Appellant
Versus
State Of U. P. – Respondent


Advocates:
D.P.Singh, O.P.RANA, RAMAMURTHI, SURESH SINGH, V.J.FRAUDS

Judgment

P. JAGAMOHAN REDDY, J.: Six accused were charged with offences under Section 302, read with Section 149, S. 307 read with S. 149 and Section 148 of the Indian Penal Code for having formed themselves into an unlawful assembly with the common object of demolishing the thatch of one Ram Badal, Complainant P. W. 1 on 30th November 1967 at about 9.30 a.m. at Mohalla Alawalpur, Qasba Utraula, District Gonda and for having committed the murder of Ram Harakh alias Harkhey and Jagga, the brother and mother-in-law respectively of said Ram Badal. It appears that Ram Badal had applied on 2-1-66 to the Notified Area Committee Utraula for permission to construct a thatch on the parti land. Ram Tahal, accused filed an objection petition on 6-1-66 objecting to the construction of the Thatch on the ground that Ram Badal was constructing it, on a public highway, but when these objections were being enquired into Ram Badal and Ram Tahal came to terms and entered into a compromise by and under which it was agreed that Ram Badal should leave six ft. wide passage between his house and the house of Gharib across the way. Notwithstanding this compromise it is alleged that accused Ram Tahal was not



















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