ARIJIT PASAYAT, D.K.JAIN
State of U. P. – Appellant
Versus
Atar Singh – Respondent
JUDGMENT
Dr. ARIJIT PASAYAT, J.—
1.Challenge in this appeal is to the judgment rendered by a Division Bench of the Allahabad High Court which by the impugned judgment acquitted the respondents and set aside the conviction recorded by the learned Additional Sessions Judge in .Sessions Trial No.316 of 1979. Each of the accused had been convicted by the trial court and sentenced to life imprisonment under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) read with Section 149 IPC, three months RI under Section 323 read with Section 149 IPC, six months RI under Section 324 IPC read with Section 149 IPC and two years RI under Section 452 IPC. Accused Jai Singh, Atar Singh, Mohan Singh, Beer Singh and Baburam were further convicted under Section 147 IPC and sentenced to nine months RI. Accused Ramesh and Lal Singh were however convicted under Section 148 IPC and sentenced to one year’s RI. All the sentences were directed to run concurrently. The High Court reversed the judgment and directed acquittal in the appeal filed by the accused persons.
2.Prosecution version as unfolded during trial is as follows :
“One Ram Murti (hereinafter referred to as ‘deceased’) lost his life in
Palak Ram v. State of U.P. ( AIR 1974 SC 2165).(Para 5)
Shivaji Sahabrao Bobade and Anr. v. State of Maharashtra (AIR 1973 SC 2622). (Para 8)
Vijayee Singh and Ors. v. State of U.P. (AIR 1990 SC 1459). (Para 9)
Ramlagan Singh v. State of Bihar (AIR 1972 SC 2593). (Para 9)
Hare krishna Singh and Ors. v. State of Bihar (AIR 1988 SC 863). (Para 9)
Mohar Rai and Bharath Rai v. The State of Bihar (1968 (3) SCR 525). (Para 9)
Ramesh Babulal Doshi v. State of Gujarat (1996 (4) Supreme 167). (Para 8)
Jaswant Singh v. State of Haryana (2000 (3) Supreme 320). (Para 8)
[See Bhagwan Singh and Ors. v. State of Madhya Pradesh (2002 (2) Supreme 567)]. (Para 8)
State of Punjab v. Karnail Singh (2003 (5) Supreme 508. (Para 8)
Raj Kishore Jha v. State of Bihar and Ors. (2003 (7) Supreme 152). (Para 8)
(See Surendra Paswan v. State of Jharkhand (2003) 8 Supreme 476). (Para 9)
Lakshmi Singh and Ors. v. State of Bihar (1976 (4) SCC 394). (Para 9)
State of Punjab v. Pohla Singh and Anr. (2003 (7) Supreme 17). (Para 8)
V.N. Ratheesh v. State of Kerala (2006(10) SCC 617). (Para 8)
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