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1995 Supreme(SC) 643

K.JAYACHANDRA REDDY, M.M.PUNCHHI
Radha Ballabh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.P.Dhamija, A.S.PUNDIR, BIMAL ROY JAD, J.K.DAS, M.V.GOSWAMY, P.R.JAIN, S.K.JAIN, S.M.Jain, SANDHYA GOSVAMI, U.R.Lalit, VIPIN GOGIA

JUDGMENT

K. Jayachandra Reddy, J. - These three appeals arise out of a common judgment of Allahabad High Court. There are altogether seven appellants. They alongwith two others were tried for offences punishable under Sections 363, 364 and 365 read with 109, 368 and 386 read with 511 I.P.C. The trial court acquitted all of them. On an appeal by the State the High Court reversed the order of acquittal so far as the present appellants are concerned and convicted them under Sections 363 and 365 I.P.C. and sentenced each of them to undergo five years R.I. and they were also convicted under Section 364 I.P.C. and sentenced to undergo ten years R.I. Appellant Bissu was also convicted under Section 364 I.P.C. but he was sentenced to undergo imprisonment for life and he was further convicted under Section 386 I.P.C. and sentenced to undergo ten years R.I. The acquittal of the remaining two persons namely. Smt. Barfi and Ganga Prasad was confirmed. All the seven convicted accused namely Devi Ram, Har Charan, Radha Ballabh, Raghubir, Lalta Prasad, Bissu and Smt. Basanti have filed these three appeals.

2. The complainant Shyam Sunder, P.W.1 son of Mohan Lal is a resident of Mohalla Chuna Kan













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