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1994 Supreme(SC) 190

G.N.RAY, K.JAYACHANDRA REDDY
Shivnath Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.N.Mulla, A.S.PUNDIR, J.M.Khanna, PRAMOD SVARUP, R.L.Kohli, Shefali Khanna Sethi

JUDGMENT

Reddy. J,-All these three appeals arise out of the same judgment of Allahabad High Court. Before the trial court 10 accused were tried for offences punishable under Sections 148,302, 451, 323/149, 302/149 and 201/149 IPC for committing the murder of one Mohan Lal with guns, axes and iron rod and for severeing his head and taking it away with intention to screen themselves from legal punishment and for breaking open the house of the deceased and taking away his rifle, The trial court convicted all of them and sentenced them to undergo imprisonment for life and also various other terms of imprisonment for other offences. The convicted accused preferred Criminal Appeal Nos. 13, 14 and 15 of 1982 and the High Court dismissed all of them. Questioning the same, these three appeals are filed by the 10 convicted accused.

The prosecution case is as fallows :

The appellants are all inter-related and belong to one family. There was a faction between the party of the accused and that of the deceased. On 13-9-80 at about 4 P.M. while the deceased was sitting at the door of Garikhana, all the accused came there armed with guns, axes and iron rod. Shivnath Singh, A-5 exhorted others to catc







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