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2007 Supreme(SC) 1448

ARIJIT PASAYAT, D.K.JAIN
State of U. P. – Appellant
Versus
Atar Singh – Respondent


Counsel for the Parties :
For the Appellant :Ratnakar Dash, Sr. Adv., Sanjay Singh and Anuvrat Sharma, Advocates.
For the Respondent:Ms. Kusum Chaudhary, Advocate.

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






















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