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1989 Supreme(All) 436

S.SAGHIR AHMAD, V.KUMAR
RAM ACHAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


V. KUMAR, J.

( 1 ) CONVICT Ram Achal having been awarded the death sentence by the Addl. Sessions Judge Barabanki, the proceedings of the case have been submitted to this Court for confirmation of the death sentence. The same convict has filed an appeal from jail against his conviction under Sections 302/326/364/452, Indian Penal Code sentencing him to death, six years rigorous imprisonment, five years rigorous imprisonment and three years rigorous imprisonment respectively. All the sentences were to run concurrently.

( 2 ) CONVICT appellant Ram Achal and the informant Uma Kanti (P. W. 1) lived in the same village Odar, police station Kursi, District Barabanki. The house of Uma Kanti situated towards south of the Galiyara in the village. The gate of the house existed towards north and on the south-western end of the house there was fixed a tatiya (a temporary covering made of leaves and branches) and on the northern side of the house there situated a Barotha. Thereafter there existed an open courtyard with Chhappar towards is south-west which was used for cooking food. Thereafter, towards the south-west corner, a Kothri situated. This is evident from the testimony of the informant



































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