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1992 Supreme(SC) 229

K.JAYACHANDRA REDDY, R.C.PATNAIK
Gangotri Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.S.PUNDIR, K.Madhava Reddy, M.Qamaruddin, PRAMOD SVARUP, V.Yadav

JUDGMENT

K.JAYACHANDRA REDDY, J.:- The appellant Gangotri Singh was tried along with two others for an offence punishable under S. 302 read with S. 34, IPC. Each of these three accused was convicted and sentenced to death. A reference for confirmation of their death sentences was made to the High Court. The three convicted accused also filed separate appeals. The High Court by a common order acquitted the other two accused and confirmed the conviction of the appellant but reduced the sentence to imprisonment for life. The appellant has preferred these two appeals against the common order passed by the High Court.

2. The deceased Ram Naresh Pathak was a resident of Amdapur. The complainant PW 1 is the younger brother of the deceased. The appellant Gangotri Singh belongs to village Jhala Tarhar. The other two accused belong to village Amdapur and the Ruknapur. All this area falls within the limits of Payagpur police station, Bahraich District. The accused are related to each other. There was political rivalry between the appellants and the deceased. They belonged to different political parties. During the elections of a Cooperative Society the deceased helped one candidate who conteste





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