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1981 Supreme(SC) 293

A.P.SEN, BAHARUL ISLAM, O.CHHINNAPPA REDDY
Ayodhya Dube – Appellant
Versus
Ram Sumer Singh – Respondent


Judgment

CHINNAPPA REDDY, J.:- In connection with the murder of two persons, Ram Pyare Singh and Awadh Bihari Singh and injuries caused to some others, twenty one persons were tried by the learned Sessions Judge of Basti for offences under Sections 147, 149 read with 309 etc. etc. Nine out of the twenty-one accused persons were convicted on various counts while the remaining accused including the present appellants were acquitted. The nine convicted accused preferred an appeal to the High Court while one Ram Sumer Singh (First informant in the case) filed a criminal revision case against the acquitted accused. The High Court dismissed the appeal preferred by the convicted accused though the sentence of death passed on four of them was altered to imprisonment for life. The Criminal Revision case filed by Ram Sumer Singh was allowed and, having regard to the limitations of revisional powers, the acquittal of the appellants was set aside and a retrial was ordered. The appellants have appealed to this Court against the judgment of the High Court setting aside their acquittal and ordering a retrial. A perusal of the judgments of the High Court and the Sessions Judge shows that the High C





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