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2012 Supreme(SC) 398

B.S.CHAUHAN, DIPAK MISRA
Ramesh Harijan – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

Dr. B.S. Chauhan, J.-This criminal appeal has been preferred against the judgment and order dated 23.3.2007 passed by the High Court of Allahabad in Government Appeal No. 1246 of 1999 by which the High Court has reversed the judgment of Additional District and Sessions Judge, Basti in Sessions Trial No. 312 of 1996 dated 2.2.1999 acquitting the appellant. Thus, the High Court has convicted the appellant for the offence punishable under Sections 302 and 376 of Indian Penal Code, 1860 (hereinafter called as ‘IPC’) and awarded him the life imprisonment for both the offences. However, both the sentences have been directed to run concurrently.

2. Facts and circumstances giving rise to this appeal are that:

(A) One Smt. Batasi Devi (PW.2) lodged an FIR on 2.2.1996 in Haraiya Police Station alleging that her daughter Renu, aged 5-6 years, was found dead on her cot in Muradipur, the village of her maternal grandmother on 30.1.1996 at about 9.00 p.m. Initially, she had been told that her daughter died of paralysis and she was buried at the bank of Manorama river. Later on she got information from Shitla Prasad Verma (PW.8), Jata Shankar Singh (PW.7) and other persons of the same

























































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