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1977 Supreme(SC) 289

P.S.KAILASAM, S.MURTAZA FAZAL ALI
Bhagwan Bux Singh – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

FAZAL ALI, J.:—The appellant No. 1 Bhagwan Bux Singh has been convicted under S. 302 and sentenced to death, while Mohan Singh appellant No. 2 has been convicted under S. 302/34, I. P. C. for having aided the appellant No. 1 in causing the death of the deceased, and sentenced to imprisonment for life. The trial court as also the High Court have given full narration of the prosecution case, which appears to be the result of an old family feud between the parties. The murder of the deceased took place on the 9th October at about 6 p.m. in a bazar when Mohan Singh appears to have entered into an altercation with the deceased and caught hold of him, and thereafter the appellant No. 1 inflicted several banka (a sharp cutting instrument) blows on the various parts of the body of the deceased, as a result of which he fell down and died. There are as many as nine incised injuries on the various parts of the body of the deceased, particularly the skull, and according to the doctor, the death of the deceased was due to shock and haemorrhage caused by the skull injury.

2. The defence was that the deceased was assaulted by somebody else and the appellants have been falsely implicated d









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