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2009 Supreme(SC) 62

MUKUNDAKAM SHARMA, ARIJIT PASAYAT
Raj Nath – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellant :T.S. Doabia, Sr. Adv., Jaswant Persoya, Jagjit Singh Chhabra and Satish Vig, Advocates.
For the Respondent:Shail Kumar Dwivedi, AAG, Ratnakar Dash, Sr. Adv., Sahdev Singh and Anuvrat Sharma, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in these appeals is to the judgment of a Division Bench of the Allahabad High Court dismissing the appeal filed by the five appellants before the High Court. The present appellants, his two sons Yatindra and Surendra alongwith Ram Kripal, Gajendra and Govind were tried by learned IInd Additional Sessions Judge, Mainpuri for alleged commission of offences punishable under Sections 147, 148, 302 read with Section 149 and Section 307 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). The trial Court acquitted accused Govind but rest of the five accused were convicted for offences punishable under Section 302 read with Section 149 IPC, 307 read with Section 149 and Section 148 IPC. Life sentence, five years rigorous imprisonment and two years rigorous imprisonment respectively were imposed.

3. Background facts in a nutshell are as follows:

The informant Vijay Bahadur is a resident of village Sakaragarhi, P.S. Kishni, district Mainpuri. There was a litigation between Smt. Rama Devi and appellant Raj Nath resident of Nagla Tara in which Raj Nath lost in the litigation before court. In the said litiga
















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