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2022 Supreme(SC) 119

M. R. SHAH, SANJIV KHANNA
Omkar Singh – Appellant
Versus
Jaiprakash Narain Singh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shiv Sagar Tiwari, AOR
For the Respondent(s): Ms. Manju Jetley, AOR Mr. Garvesh Kabra, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 15.03.2019 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 304 of 1983 by which the High Court has allowed the said appeal preferred by respondent No. 1 herein-original accused No. 2 and has acquitted him for the offences punishable under Section 302 read with Section 34 of the IPC, the original informant-son of the deceased has preferred the present appeal.

2. As per the case of the prosecution, one Omkar Singh son of Parasnath Singh lodged an FIR at Police Station Karanda, District Gazipur stating that due to the enmity going on between his family members with Udaibhan Singh and his father Jaiprakash Narain Singh @ Lala (original accused Nos. 1 and 2) his father has been killed. As per the allegation, on 21.04.1982, there was marriage of daughter of one Kailashu Vishwakarma, who was his neighbour where he along with his Tau Vikrama Singh and his cousin brother Indradeo Singh had gone. After taking meal at about 12 in the night, he along with his Tau and cousin had gone on his pumping set for sleeping where his father Parasnath was lying from before. He

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