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2010 Supreme(SC) 141

P.SATHASIVAM, H.L.DATTU
Mulla – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

P. Sathasivam, J.

1) This appeal is filed on behalf of the appellants through the Jailor, District Jail, Sitapur, U.P. against the impugned judgment dated 03.03.2006 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, in Criminal Reference No. 2 of 2005 and Criminal Appeal No. 713 of 2005 whereby the High Court allowed Criminal Reference No.2 of 2005 filed by the State confirming the death sentence awarded to the appellants herein and dismissed Criminal Appeal No. 713 of 2005 filed by the appellants herein.

2) The prosecution case is as under:

(a) On the fateful night of 21.12.1995 when Shiv Ratan, Nanhakey, Ram Kishore and Sushil were irrigating their fields in the northern side of the village from the tubewell of Sundari, widow of Jai Narain, at about 8.30 p.m., eight miscreants armed with guns reached the spot. A boy and two girls were also with them. All the miscreants caught hold of the four persons who were irrigating their fields and enquired about their properties and made a demand of Rs.10,000/- each and threatened that otherwise they would be killed. At the very moment, Harnam, Ganga Dai, Chhotakey s/o Gaya Ram and Hari Kumar Tripathi who w













































































































































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