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1979 Supreme(SC) 168

O.CHHINNAPPA REDDY, S.MURTAZA FAZAL ALI
Ram Janam – Appellant
Versus
State Of U. P. – Respondent


Judgment

FAZAL ALI J. :- In this appeal by special leave, the appellant has been convicted under S. 302 I. P. C. and sentenced to imprisonment for life. We have heard learned counsel for the parties and have gone through the judgment of the courts below. We do not find any merit so as to warrant our interference. Appearing for the appellant, Mr. R. K. Garg, argued two points before us. In the first place, he submitted that as the Sessions Judge has disbelieved the main witness P. W. 2, Smt. Kaushalya with respect to the other three accused, Hanuman, Baldeo and Sukhdeo, her evidence should not have been accepted with respect to the appellant. We have gone through the evidence of Mst. Kaushalya and we are not in a position to agree with Mr. Garg that she should have been completely disbelieved, by the courts below. So far as the appellant is concerned, she grappled with the appellant and had received injuries at the hands of the appellant apart from the injuries which the appellant caused to the deceased. In the circumstances therefore, she was the most competent witness to depose regarding the participation of the appellant in the occurrence both with respect to the injuries caused t


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