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2007 Supreme(SC) 374

S.H.KAPADIA, B.S.REDDY
Akhlaq – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Kapadia, J.—Leave granted.

2. This criminal appeal is directed against the impugned judgment and order dated 14.7.06 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1783 of 1981 against the judgment and order dated 10.8.81 passed by the Additional Sessions Judge, Bulandshahr in Sessions Trial No.143 of 1980 convicting Akhlaq (accused no.1 - appellant herein) under Section 302 read with Section 34 Indian Penal Code (‘IPC’ for short). Appellant has been sentenced to undergo rigorous imprisonment for life.

3. In short, the prosecution case was as under. A written report (Exhibit Ka.1) was submitted at the Police Station Kotwali. This was on 31.7.79 at 6.10 pm. The written report was submitted by the complainant, Samay Singh (PW.1). In the report it was stated that when the complainant returned home in village Tatarpur from his duty, he enquired from his younger daughter about the whereabouts of his elder daughter Asha (since deceased). The complainant was informed that Asha had gone to answer nature’s call. The complainant also enquired from his wife, Brahma Devi (PW.2), about Asha. He was told by his wife that Asha had gone to answer nature’s call.












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