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1985 Supreme(SC) 253

A.V.VARADARAJAN, S.MURTAZA FAZAL ALI
State Of U. P. – Appellant
Versus
Ballabh Das – Respondent


Advocates:
DALVIR BHANDARI, MANOJ PRASAD, R.C.Kohli

Judgment

FAZAL ALI, J.:- These appeals by special leave arise out of a judgment dated December 19, 1975 of the Allahabad High Court by which the High Court reversed the conviction and sentence of the respondents. for various offences under Ss. 147, 148, 225/149 and 302/149 of the Indian Penal Code and acquitted them of all the charges.

2. The prosecution case is fully detailed in the judgments of the Sessions Judge and the High Court and it is not necessary to cover the same grounds all over again. We would. mention only the broad outlines of the case presented by the prosecution before the trial court. The unfortunate dispute in the instant case which resulted in the death of the deceased appears to have been the last step of a drama long in process as a result of a long standing enmity between the parties for the last twenty five years.

3. It was contended on behalf of the appellant that the High Court erred in setting aside the conviction of the respondents on the ground that all the witnesses examined to prove the occurrence were interested persons and hence no reliance could be placed on their evidence. To begin with, we dare say that this was doubtless an absolutely wrong and pe
























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