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2021 Supreme(SC) 306

ROHINTON FALI NARIMAN, B.R.GAVAI, HRISHIKESH ROY
Surendra Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shadan Farasat, AOR Mr. Bharat Gupta, Adv. Mr. Shourya Dasgupta, Adv.
For the Respondent: Mr. Vinod Diwakar, AAG Mr. Neeraj Sharma, Adv. Mr. Sarvesh Singh Baghel, AOR Mr. B.N. Dubey, Adv. Ms. Pooja Singh, Adv. Mr. Amir Khan, Adv. Ms. Shivranjani Ralawata, Adv.

JUDGMENT :

HRISHIKESH ROY, J.

1. Leave granted. This appeal is the culmination of a tragedy which decimated two families in its course. The murder of a recently married young woman, where the finger of suspicion was raised towards her own husband, brother-in-law and even her father-in-law as an accused who met an unnatural demise during the pendency of the trial. This Court has been approached to lay to rest the litigation which has followed suit for more than two decades.

2. Heard Mr. Shadan Farasat, learned counsel for the appellants. Also heard Mr. V. Diwakar, learned AAG representing the State of Uttar Pradesh. The challenge in this appeal is to the common judgment and order dated 12.3.2019 in Criminal Appeal No. 346 of 2009, whereby the Division Bench of the High Court of Judicature at Allahabad upheld the conviction of the appellant No. 1 under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and of the appellant No. 2, under section 120B IPC.

3. The appellants are brothers and are residents of Mahal Village in Meerut District. The appellant No. 2 Ramveer was married on 13.5.1993 to Kamla Rani, whose parental home was in the neigh

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