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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State of Haryana v. Shakuntla & Ors., (2012) 4 SCALE 526)
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Rabindra Kumar Dey v. State of Orissa
Syad Akbar v. State of Karnataka
Khujji @ Surendra Tiwari v. State of Madhya Pradesh, AIR 1991 SC 1853)
State of U.P. v. Ramesh Prasad Misra & Anr., AIR 1996 SC 2766
Balu Sonba Shinde v. State of Maharashtra
Radha Mohan Singh @ Lal Saheb & Ors. v. State of U.P.
Sarvesh Narain Shukla v. Daroga Singh & Ors.
Subbu Singh v. State by Public Prosecutor, (2009) 6 SCC 462
Himanshu @ Chintu v. State (NCT of Delhi), (2011) 2 SCC 36)
Balka Singh & Ors. V. State of Punjab, Air 1975 SC 1962
Zwinglee ariel v. State of madhya pradesh, AIR 1954 SC 15
Sukhdev Yadav & Ors. v. State of Bihar, AIR 2001 SC 3678
Appabhai & Anr. v. State of Gujarat, AIR 1988 SC 696
Sucha Singh v. State of Punjab, AIR 2003 SC 3617
Shivaji Sahebrao Bobade & Anr. v. State of Maharashtra, AIR 1973 SC 2622
Bhagwan Singh & Ors. v. State of M.P.
Gangadhar Behera & Ors. v. State of Orissa
Sucha Singh (supra); and S. Ganesan v. Rama Raghuraman & Ors., (2011) 2 SCC 83)
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