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2004 Supreme(SC) 859

A.K.MATHUR, N.S.HEGDE, S.B.SINHA
JAISHREE YADAV – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

N. SANTOSH HEGDE, J.- All these appeals arise out of a common judgment of the High Court of Judicature at Allahabad whereby the High Court while allowing the appeal of two of the accused persons, dismissed the appeal of three other accused persons, all of whom were convicted by the IIIrd Additional Sessions Judge, Deoria (U.P.) of offences punishable under Sections 143, 148, 149, 504, 506, 307 and 302 IPC. Three of the accused whose appeals were dismissed by the High Court, have preferred Criminal Appeals Nos. 1072-73 of 2003 and the State has preferred Criminal Appeals Nos. 1074-75 of 2003 against the acquittal of two of the accused persons who were convicted by the trial court for the abovementioned offences.

2. We will first take up Criminal Appeals Nos. 1072-73 of 2003 for consideration which, as stated above, are the appeals filed by the convicted accused.

3. The facts necessary for the disposal of these appeals, briefly stated, are as follows:

It is the prosecution case that there was enmity between one of the deceased Abid Ali and A-3 Jaishree Yadav, A-5 Daddan Yadav in regard to the auction and recovery of tehbazari of the area between Village Tatil Tola and Nawalpu
































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