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2024 Supreme(SC) 635

B. R. GAVAI, SANJAY KAROL, K. V. VISWANATHAN
Devendra Singh – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Rukhmini Bobde, Adv. Mr. T. N. Singh, AOR Mr. Vikas Kumar Singh, Adv. Mr. Amit Kr Srivastava, Adv. Ms. Soumya Priyadarshinee, Adv. Ms. Rajshree Singh, Adv. Mr. Rajkumar, Adv. Ms. Babita Rani, Adv. Mr. Amlan Kumar, Adv.
For the Respondent(s): Ms. Garima Prashad, Sr. A.A.G. Mr. Sudeep Kumar, AOR Ms. Manisha, Adv. Ms. Rupali, Adv.

JUDGMENT

B.R. GAVAI, J.

1. Leave granted.

2. This appeal challenges the judgment and order dated 08th January, 2019 passed by the Division Bench of the Allahabad High Court in Criminal Appeal No. 302 of 1987 wherein the Division Bench dismissed the Criminal Appeal preferred by the appellant-Devendra Singh and upheld the order of conviction under Section 302 of the Indian Penal Code, 1860 (“IPC” for short) and sentence of life imprisonment dated 17th January, 1987 as recorded by the learned Sessions Judge, Bijnor (hereinafter referred to as “the trial court”) in S.T. No. 166 of 1986.

3. Shorn of details, the facts leading to the present appeal are as under:-

3.1 On 29th May, 1986, one Dharam Pal Singh (PW-1) lodged a written report at P.S. Afzalgarh at about 11:15 p.m. wherein he stated that pursuant to a previous dispute, the appellant and his co-accused Yogendra Pratap Singh stabbed Parpoor Singh (hereinafter referred to as ‘the deceased’) who eventually succumbed to his injuries on the very same day. On the basis of the written report, a First Information Report (‘FIR’ for short) being Crime No. 70 of 1986 came to be registered at Police Station, Afzalgarh for the offence punishable u

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