SUDHANSU JYOTI MUKHOPADHAYA, N.V.RAMANA
State of U. P. – Appellant
Versus
Om Prakash – Respondent
JUDGMENT
N.V. Ramana, J.—These appeals arise out of a common impugned judgment dated 23rd September, 2005 of the Division Bench of High Court of Judicature at Allahabad in various criminal appeals arising from the judgment and order dated 23rd January, 2004 passed by the Additional District & Sessions Judge (Special Judge, SC/ST Act), District Pilibhit, Uttar Pradesh.
2. An FIR was lodged by the Complainant Lalta Prasad at the PS Bukhera, District Pilibhit, U.P. on 10th March, 2001 alleging that while he along with Hem Raj, Moti Ram Kundan, Shiv Charan Lal S/O Hai Shankar and his father Devi Ram were sitting at his crusher and celebrating the festival of Holi along with relatives and friends, the accused No. 7 Ram Swaroop S/O Hori Lal appeared there with the company of other accused carrying different types of arms and attacked them. The motive behind their attack was that about ten months prior to the incident, Imarati Devi, wife of accused No. 7 (Ram Swaroop) had contested and lost the election for the post of Gram Pradhan and Ram Swaroop (accused No. 7) had threatened the villagers to bear the brunt for not getting his wife elected to the post. He, therefore, wanted to take reve
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