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1994 Supreme(SC) 660

A.S.ANAND, FAIZAN UDDIN
Badri – Appellant
Versus
State Of Rajasthan – Respondent


(1) LEAVE granted.

(2) IN respect of an occurrence which took place on 26/5/1984, the trial court convicted the appellant for an offence under Section 302 Indian Penal Code vide judgment dated 21/12/1985. The appellant has also teen convicted for an offence under Sections 25/27 of the Arms Act and sentenced to suffer one years imprisonment. His conviction and sentence was put in issue before the High Court in appeal. On 4/9/1987 the division bench of the High court dismissed the appeal.

(3) WE have gone through the judgment of the High court and we find that after reproducing a part of the material from the judgment of the learned Sessions Judge, the only observations made by the High court while dealing with me first appeal are as follows:

"WE nave examined the entire prosecution evidence and also have gone through the judgment of the learned Sessions Judge. In our opinion, the learned sessions Judge was right and justified in convicting the accused appellant under Section 302 Indian Penal Code."

(4) IN our opinion, this manner of disposal of the first appeal against the conviction and sentence specially in a case under Section 302 Indian Penal Cod

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