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1979 Supreme(SC) 173

O.CHHINNAPPA REDDY, S.MURTAZA FAZAL ALI
Jagdish – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
L.N.GUPTA, SOBHAG MAL JAIN

Judgment

FAZAL ALI, J.:- In this appeal under the SC (Enlargement of Criminal Appellate Jurisdiction) Act the appellant was convicted along with other accused by the Sessions Judge under S. 304 Pt. I read with S. 34 of the I. P. C. and sentenced to five years R. I. The State filed an appeal to the High Court against the acquittal of the appellant under S. 302 I. P. C. and other accused. The High Court while allowing the appeal of other accused also allowed the appeal of the State against the appellant Jagdish and set aside his acquittal under S. 302 I. P. C. and convicted him under S. 302 I. P. C. and sentenced him to life imprisonment. We have gone through the judgment of the High Court which has given cogent reasons for holding that the Trial Court Judge was absolutely wrong in acquitting the appellant of the charge under S. 302 I. P. C. The injuries found on the deceased were very severe which resulted in fracture of the scalp on the left parietal bone and also a fracture of the temporal bone. These were the two injuries which according to the prosecution were the cause of the death of the deceased Jairam. The Sessions Judge was of the opinion that as some of the accused persons





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