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1991 Supreme(All) 264

G.P.MATHUR, P.S.GUPTA
BHARAT SINGH – Appellant
Versus
STATE OF UTTAR PRASESH – Respondent


P. S. GUPTA, J.

( 1 ) THIS appeal has been filed by nine accused against the judgment and order dated 23-5-1978 of 3rd Addi. Sessions Judge, Bulandshahr, passed in Sessions Trial No. 4 of 1976 by which the appellants were convicted under various sections including Section 302/149 I. P. C.

( 2 ) THE case of the prosecution, in brief, is that appellant No. 1 Bharat Singh, was Pradhan of Gaon Sabha Resoolpur whereas the deceased Panna Lal was a member. The other deceased, Karan Singh, was the son of Panna Lal and was aged about ten years at the time of the incident. Panna Lal was Jatav and a Neta-type person and used to do pairavi on behalf of Gram Samaj in matters relating to Gram Samaj land. Panna Lal used to oppose Bharat Singh Pradhan and used to give applications against him. A case was fought between Panna Lal and Bharat Singh under Untouchability (Offences) Act in which Panna Lal had given evidence against Bharat Singh. It is alleged that at about 8 P. M. on 30-10-1975 accused Bharat Singh came to the house of Panna Lal in the village and told him that people were collecting and he should come for settling the dispute of Gram Samaj land. Panna Lal then accompanied Bharat Singh.

























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