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1973 Supreme(SC) 276

H.R.KHANNA, A.ALAGIRISWAMI
Dargahi – Appellant
Versus
State Of U. P. – Respondent


Judgment

KHANNA, J: - The nine appellants, Dargahi (60). Ishaq (40). Mangrey (60), Janu (30). Khalil (25), Noor Mohamad (40), Kallu (40). Sirajul (45) and Babu (35) were tried in the court of the learned Sessions Judge Barabanki for various offences in connection with an occurrence which resulted in the death of Lachhman Prasad (50). It was alleged that the head of Lachhman Prasad was chopped off and was carried away by the culprits. Injuries were further stated to have been caused to Ramji PW during the course of the occurrence. The trial court acquitted the appellants. On appeal filed by the State, the Allahabad High Court reversed the judgment of acquittal. The nine appellants were convicted under section 302 read with section 149 section 323 read with section 149 and Section 201 read with Section 149 Indian Penal Code and were sentenced to undergo imprisonment for life, rigorous imprisonment for a period of one year and rigorous imprisonment for a period of four years respectively. In addition to that, Khalil and Ishaq appellants were convicted under Section 148 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of two years, while the remaining s



















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