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1990 Supreme(SC) 543

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


Advocates:
B.D.SHARMA, DALVIR BHANDARI, Prithvi Raj, RACHNA GUPTA, YOGESHAR PRASAD

JUDGMENT

K. Jayachandra Reddy, J. - The appellant was tried for an offence punishable under, Section 302 I.P.C. for committing the murder of one Sani alias Dal Bakdur on 2nd October, 1969 at about 7.30 P.M. in Kothi Rajni Kunj, Mauz, Ballupur, in Dehradun District by shooting the deceased with a gun. The Trial court acquired him holding that the appellant fired the shot in exercise of his right of private defence. The State preferred an appeal against the said order of acquittal. The High Court reversed the findings of the Trial Court and convicted the appellant under Section 302 I.P.C. and sentenced him to imprisonment for life. Aggrieved by the judgment of the High Court, the appellant has preferred the present appeal.

2. Learned counsel for the appellant submitted that the version given by the two eyewitnesses is discrepant and is conflicting regarding the place of occurrence and that the witnesses have not come out with the whole truth regarding the genesis of the occurrence. He further submitted that the High Court erred in reversing the order of acquittal inasmuch as the injuries found on the accused appellant would themselves go to show that the violence was used against him a



















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