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2009 Supreme(SC) 1172

MUKUNDAKAM SHARMA, B.S.CHAUHAN
Ramvir – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellants :M.C. Dhingra, Gaurav Dhingra, Rajeshwar Singh, Advocates.
For the Respondent:T.N. Singh, Rajeev Dubey, Kamlendra Mishra, Advocates.

JUDGMENT

Dr. Mukundakam Sharma, J.—

1. The appellants herein are the real brothers who have been convicted and sentenced under Section 302 of the Indian Penal Code (in short “the IPC”) and sentenced to undergo life imprisonment. The Trial Court found the appellant No. 1 herein, Ramvir guilty of the offence punishable under Section 302 of the IPC whereas the appellant Nos. 2 and 3, namely, Ranpal Singh and Chatar Singh respectively were found guilty of the offence punishable under Section 302 IPC read with Section 34 IPC and each of them was sentenced to undergo life imprisonment.

2. The First Information Report (in short “the FIR”) reveals that on 17.04.1978 at about 6.15 p.m. when the deceased Yashpal while going to his Gher was surrounded by the appellants namely Ramvir, Ranpal Singh and Chatar Singh near the field of Nek Ram. After surrounding the deceased, Chatar Singh and Ranpal Singh embraced the deceased while Ramvir gave a knife blow on the chest of the deceased. The deceased cried out upon which the complainant and the witnesses reached the place of occurrence. On seeing the complainant and the winesses, the appellants fled away from the place of occurrence. Deceased Yashp




















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