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1990 Supreme(SC) 620

K.JAYACHANDRA REDDY, S.R.PANDIAN
Zahoor – Appellant
Versus
State Of U. P. – Respondent


Advocates:
AMAN VACHHER, DALVIR BHANDARI, Dhruv Mehta, Ramchandra Bux Singh, S.K.MEHTA

JUDGMENT

K. JAYACHANDRA REDDY, J. —There are three appellants in this appeal and they figured as accused Nos. 1,11 and 12 before the trial Court. They along with nine other accused Nos. 2 to 10 were tried for offences punishable under Section 302 read with Section 149, Section 325 read with Section 149, Section 323 read with Sections 149 and 452, I.P.C. The trial Court acquitted all the 12 accused. The State of U. P. preferred an appeal against the said order of acquittal and the High Court convicted the three appellants under Section 302 read with Section 149, I. P.C. and sentenced each of them to undergo imprisonment for life, under Section 323 read with Section 149 to undergo one years R.l., under Section 325 read with Section 149 to undergo five years R.I. and under Section 148 to further undergo 2 years R.I. The acquittal of the rest of the accused was confirmed. In this appeal it is submitted that the F.1.R. was lodged belatedly after due deliberations and the witnesses were all interested and their evidence ought not to have been relied upon by the High Court. The further submission is that the defence version namely that some unknown assailants cornmitted dacoity in the hou





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