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2009 Supreme(SC) 661

S.B.SINHA, B.SUDERSHAN REDDY, MUKUNDAKAM SHARMA
Akhtar – Appellant
Versus
State of Uttaranchal – Respondent


Advocates appeared:
For the Appellants :Dr. Aman Hingorani, Ms. Annapoorna, M/s Hingorani & Associates, Advocates.
For the Respondent:Abhay Prakash Sahay, Jatinder Kumar Bhatia, Advocates.

JUDGMENT

Dr. Mukundakam Sharma, J.—

1. This statutory appeal arises out of the final judgment and order dated 18.07.2007 passed by the Division Bench of the High Court of Uttaranchal by which the High Court allowed the appeal filed by the State of Uttaranchal and convicted all the appellants herein under Sections 148, 302/149, 307/149 and Section 324/149 of the Indian Penal Code (in short “the IPC”) and sentenced them to undergo rigorous imprisonment for life by setting aside the order of acquittal passed by the trial court.

2. The prosecution story, in brief, is that on 13.05.1987, at about 10.00 AM, complainant Jamil Ahmad (PW-2) along with his brothers Asgar and Shakil (both deceased), and nephew Mobin (PW-3), were ploughing their field, bearing Khasra No. 967, situated in Village Beljuri within the limits of Police Station, Kashipur. Their tractor was being driven by driver Radhey Shyam (PW-4). They were in litigation over possession of said field with accused-Alla Bux and others. Stay order had also been obtained by them regarding the same. It is alleged that on account of such running feud between them, Alla Bux and his associates were inimical to the complainant (Jamil Ahmad




















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