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1994 Supreme(SC) 78

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


Advocates:
A.S.PUNDIR, ASHUTOSH BHATTACHERJI, LALITA KAUSHIK, MAGANBHAI R.BAROT, MANOJ SVARUP, P.PANDEY, P.PARMESHVARAN

JUDGMENT

K. Jayachandra Reddy, J. - Criminal Appeal Nos. 232/83 and 233/83 by the State and Criminal Appeal No. 373/82 by the complainant are filed against the judgment of the Allahabad High Court in which the convictions awarded against the respondents-accused by the trial court have been set aside. All the 22 respondents-accused before us were tried for offences punishable under Sections 147, 148,3021149, 307/149 and 201, I.P.C. It is alleged that all these accused formed into an unlawful assembly and committed the murder of three persons Dinesh. Singh, Mahesh Singh and Sirmaur Singh on 4.8.1975 in Village Badera and also caused injuries to Ram Dayal, P.W. 1 and Ramesh Singh, P.W. 2 and removed the dead bodies from the place of occurrence to the house of Shiv Vir Singh, accused. The prosecution mainly relied on the evidence of P.Ws. 1,2,3 and 5, the eye-witnesses and the trial court accepting their evidence convicted all the 22 accused persons under sections 302/149, I.P.C. and also for other offences and sentenced them accordingly. The convicted accused preferred appeals to the High Court and the High Court acquitted all of them holding that some of the accused persons were al










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