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1997 Supreme(All) 210

GIRIDHAR MALAVIYA, P.K.JAIN
BABU RAM – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
DEVENDRA SVARUP

P. K. JAIN, J.

( 1 ) FIVE persons, appellants Babu Ram and Ragunath and three others, Ajudhi, Smt. Phool Mati and Smt. Champa, were tried by the then II Additional Sessions Judge, Non-Metropolitan Area, Kanpur, in S. T. No. A 231 of 1978. Out of the five accused who stood trial, appellants, Babu Ram and Raghunath, were convicted under Section 302, I. P. C. read with Section 34, I. P. C. and were sentenced to undergo imprisonment for life vide judgment and order dated 14-11-1979. Other accused, Ajudhi, Smt. Phool Mati and Smt. Champa were acquitted giving them benefit of doubt.

( 2 ) THE incident is said to have occurred on 8-10-1977 at about 10. 00 a. m. in village Bahrampur within the local limits of P. S. Bichor, district Kanpur Non-Metropolitan Area. the first information report of the incident was lodged by Sipahi Lal, brother and son respectively of deceased Ram Swarup and Smt. Lachchana. It is alleged that for about 18 years animosity was existing between complainants party on one side and the accused Babu Ram, Ajudhi and Raghunath on the other side. Accused Babu Ram etc. were convicted and sentenced for murdering father of the complainant. The accused party had also dismantl





























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