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1993 Supreme(SC) 24

P.B.SAWANT, S.MOHAN
Hari Om: Bankey Bihari: Rajiv Kumar Mehrotra – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.S.PUNDIR, LOKESH KUMAR, M.K.Garg, P.K.JAIN, R.D.KEVALRAMANI, R.K.JAIN, R.P.SINGH PAL

JUDGMENT

Mohan, J. - Both the appeals and special leave petitions can be dealt with under a common judgment since the appellants/petitioners took trial before the learned VIth Additional District and Sessions Judge, Moradabad with reference to the occurrence that took place on 12.5.1976. They were tried for offences under Sections 302/34,324/34 and 323134 I.P.C. The case of the prosecution is shortly as follows.

2. Kumari Bina, daughter of Chunni Lal (P.Ws. 5) was residing in Mohalla Faizabad, Moradabad. She was a student of Prabha Devi Kanya Inter College, Bans Mandi, Moradabad. Rajiv Kumar Mehrotra, the petitioner No. 1 in SLP (Crl.) Nos. 3081-82 of 1984 used to pass indecent remarks against her and teased her. Bina complained to her father Chuni Lal (P.Ws. 5) who contacted his cousin Ram Lobhaya alias Khairati (P.Ws. 2). Both these persons met Ram Narain Lal, Advocate, father of Rajiv Kumar and complained to him about the misconduct of is son. Ram Narain Lal expressed inability to Help P.Ws. 1. and control his son. While Chuni Lal (P.Ws. 5) was returning home Rajiv Kumar and five or six of his companions met him and threatened him with dire consequences. Chuni Lal (P.Ws. 5) narrat




























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