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2008 Supreme(SC) 233

ARIJIT PASAYAT, P.SATHASIVAM
State of U. P. – Appellant
Versus
Jagram – Respondent


JUDGMENT: DR. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment and order dated 11.8.2003 passed by the Allahabad High Court, Lucknow Bench, in Criminal Appeal No.486/1990. Four persons had filed the aforesaid appeal questioning their conviction for offences punishable under Sections 302, 324 read with Section 34 of the Indian Penal Code, 1860 (in short IPC). Though the Trial Court had recorded a conviction, the Division Bench of the High Court allowed the appeal and set aside the conviction. It was noted that there were several discrepancies in the evidence of the witnesses and the prosecution version did not inspire confidence.

3. Learned counsel for the appellant submitted that the approach of the High Court is not correct and the analysis of evidence suffers from various infirmities.

4. At this juncture, it needs to be noted that the complainant Usman Ali had filed Criminal Appeal No.233 of 2004 before this Court questioning the correctness of the impugned judgment in the present appeal. This Court by its judgment date 22.3.2006 allowed the appeal with the following observations: "The evidence of these three eyewitnesses is corroborated by the m


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