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2015 Supreme(SC) 665

A.K.SIKRI, UDAY UMESH LALIT
Bijendra Bhagat – Appellant
Versus
State of Uttarakhand – Respondent


ORDER

1. The appellant and his two sons named Raman @ Babloo and Randhawa @ Billoo were tried for having caused the deaths of one Rakesh and Attar Kali and thereby committed the offences punishable under Sections 302/34, 324/34 and 452 IPC.

2. According to the prosecution, on 21.10.1999 at about 6.30 pm there was a quarrel between the children of PW2 Surat Singh and the appellant. Thereafter in the intervening night of 21st and 22nd October, 1999, the appellant armed with a lathi, accused Raman @ Babloo and Randhawa @ Billoo both armed with Tabals (heavy sharp edged weapon) and country made pistols came to the house of PW2 Surat Singh and dragged his son Rakesh from the house and started assaulting. The inmates of the house, namely, PW1 Sanjay Kumar, his father PW2 Surat Singh and mother Attar Kali came forward to save said Rakesh. Rakesh suffered eight injuries out of which seven were incised wounds and the eighth injury was caused by a fire arm. Attar Kali received four injuries, all of them being incised wounds. PW1 Sanjay Kumar received three injuries, two of them being lacerated wounds and the third was an abrasion.

3. Accepting the case of the prosecution, the trial court con


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