B.SUDERSHAN REDDY, S.S.NIJJAR
Om Pal Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Surinder Singh Nijjar, J. —
1. This appeal has been filed against the judgment and order of the High Court of Judicature at Allahabad in Criminal Appeal No. 604 of 1980 by which the High Court has confirmed the judgment of the trial court wherein the appellant had been convicted under Section 302 IPC and sentenced to life imprisonment.
2. The prosecution version as noticed by the trial court as well as the High Court is that there was enmity between the deceased Rishipal and Om Pal Singh, the appellant herein for a number of years. Both the deceased and the appellant were competing for the license of a liquor shop near the railway station, Davera, about 3 years prior to the tragic incident on 11.6.1978. Since then, there had been several hostile incidents, at different times, between the two. It appears that on one occasion, the appellant had beaten up Rishipal, on the basis of which a criminal case was pending against the appellant in the local Court at Bareilly. Thereafter, there was a theft committed at the grocery shop of the deceased. Here again, he had registered a complaint of theft against the appellant at the local police station. As a consequence of these incide
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