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1973 Supreme(SC) 143

I.D.DUA, K.K.MATHEW
Dharam Das – Appellant
Versus
State Of U. P. – Respondent


Judgment

DUA, J.: - In this appeal by special leave, Dharam Das and Ram Das sons of Ram Adhar, and Raja Ram s/o Chunnua have challenged their conviction by the Allahabad High Court after allowing the State appeal against the acquittal of four persons by the II Temporary Sessions Judge, Hamirpur.

2. The three appellants along with Narayan son of Ram Adhar were tried in the court of the II Temporary Sessions Judge, Hamirpur for offences under Sections 302/34 and Sections 323/ 34. I. P. C. The four accused persons were charged with the murder of Sukhdeo and voluntarily causing hurt to Bhogi Lal at about 12.00 noon on April, 29, 1965 in village Bidokhar Police Station Sumerpur, in furtherance of their common intention to commit the said offences. The prosecution story as unfolded in the report Ext. Ka-1 may now be stated. Sukhdeo deceased, according to the rumour prevailing in the village, had intimacy with the wife of Narayan accused. Sukhdeo was once seen by the inhabitants of the Mohalla coming out of the house of Narayan accused but the Panchayat after considering the matter felt that es the incident involved the honour and respect of the lady and the family it should be suppressed a











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