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1989 Supreme(SC) 351

KULDIP SINGH, S.NATARAJAN
State Of U. P. – Appellant
Versus
Jodha Singh – Respondent


Advocates:
DALVIR BHANDARI, P.Anshu Mishra, Prithvi Raj, S.K.Sinha

JUDGMENT

NATARAJAN, J.:— While the II-Temp. Civil and Sessions Judge, Budaun convicted respondents 1 to 7 under Ss. 147/148, I.P. C., S. 302 read with S. 149, I.P.C. (2 counts) and S. 307 read with S. 149, I.P.C. and sentenced them to imprisonment for life for the conviction under S. 302 read with S. 149, I.P.C. and to lesser terms of imprisonment for the convictions under the other charges, the High Court allowed the appeals preferred by the respondents and set aside their conviction and acquitted them of all the charges framed against them. Hence, the State of U.P. has preferred this appeal against the acquittal of the respondents.

2. To prove its case, the prosecution examined seven witnesses among whom P.W. 1 Jagdish Singh, P.W. 2 Ram Din and P.W. 3 Bangali Singh were eye-witnesses. P.W. 5 Dr. M. C. Sharma conducted the autopsy on the dead bodies of the two deceased, viz. Nathu Singh and Jai Ram Singh. P.W. 4 Dr. V. K. Chaupra examined the injuries sustained by P.W. 1 and issued the wound certificate for him. P.W. 6 Head Constable Munshi Lal and P.W. 7 Karan Singh, Investigating Officer testified to the investigation done in the case. The prosecution evidence which found accepta



































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