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2000 Supreme(SC) 956

DORAISWAMY RAJU, G.B.PATTANAIK
Jang Singh – Appellant
Versus
State Of Rajasthan – Respondent


(1) THESE appeals are by the 4 accused persons. Two of whom had been acquitted by the learned Sessions Judge, and their acquittal was set aside by the High Court, and two others were convicted by the Sessions Judge, and their conviction was upheld in appeal by the High Court. Initially, 7 accused persons stood charged under Section 302/149, Indian Penal Code for having caused the murder of two persons Dalip Singh and Jeet Singh on 26.7.1975 at about 5.00 p.m. by assaulting them with different weapons in their hands. The prosecution case in nutshell, as unfolded in the First Information Report given by Public witness .1, is to the effect that these accused persons and the deceased belonged to two different groups and had some rivalry, and on the date of occurrence, they were all travelling in the same bus. The bus in question was stopped at a place Khare Chak when one of the passengers got down, and as soon as the said passenger got down at the bus stop, accused Jang Singh snatched the Kirpan from Jeet Singhs hand and then Balbir Singh caught hold of deceased and pushed him on the ground and thereafter rest of the accused persons got down from the bus and Balbir Singh accuse

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