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1997 Supreme(SC) 1445

M.SRINIVASAN, M.M.PUNCHHI
Omwati – Appellant
Versus
Mahendra Singh – Respondent


JUDGMENT

The Judgment of the Court was delivered by

SRINIVASAN, J. - These appeals are directed against the judgment of the Allahabad High Court in Criminal Appeals Nos. 806-807 of 1988 reversing the judgment of the Additional Sessions Judge, Moradabad in ST No. 608 of 1985 and acquitting all the accused who stood charged under Sections 148, 302/149 and 307/149 IPC. Criminal Appeal No. 25 of 1990 is by the widow of one of the murdered persons while the other two appeals are by the State.

2. The case of the prosecution was as follows :

On 14-7-1985 Sohan Pal Singh, PW 1 and his son Avdesh Kumar PW 3 as well as one Inder Pal Singh were going on motorcycle of the first of them from Village Bilari to Village Chawra. At the same time Raj Kumar Singh and his son Dhirender Singh were proceeding on another motorcycle along with them. At about 8.30 p.m. when they reached Village Bonda Ferozepur they saw a tractor parked on the middle of the road with its lights on. It had no bonnet. The accused namely Mahender Singh, Om Vir, Som Vir, Om Pratap Singh, Onkar Singh and Raghu Raj Singh were standing near the tractor. One of them namely, Raghu Raj Singh had a hasiya while the others had country-
















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