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1977 Supreme(SC) 271

A.C.GUPTA, S.MURTAZA FAZAL ALI
Bir Singh – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

FAZAL ALI, J.:— This is an appeal under the Enlargement of SC Jurisdiction Act read with S. 378 of the Cri. P.C., 1973. Although it was not necessary yet the appellants appear to have moved the High Court of Allahabad for a certificate which was granted by the said Court as an appeal as of right lay to this Court under the aforesaid provisions.

2. The appellants were tried before the Court of the Second Additional Sessions Judge, Unnao for charges under Ss. 302/34, 307/34, 302 and 307. The trial court after considering the evidence led before it came to the conclusion that the prosecution has failed to prove the case against the appellants beyond reasonable doubt and accordingly acquitted the appellants of all the charges framed against them. There after the State of Uttar Pradesh went up in appeal before the High Court against the order of acquittal passed by the Additional Sessions Judge. The High Court however has taken a different view and reversed the order of acquittal passed by the trial Court and held that the prosecution case was amply proved against the appellants and convicted the appellant Bir Singh under Section 302 and sentenced him to imprisonment for life. H



































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