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2008 Supreme(All) 1721

SUSHIL HARKAULI, SYED NAZIM HUSAIN ZAIDI
CHHUNNU @ CHHUNNA @ SHYAM PRAKASH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
A.K. Singh and B.K. Shukla for the Appellant; A.G.A. for the Opposite Party.

JUDGMENT

By the Court.—We have heard learned Counsel for the appellant and the learned A.G.A. for the State at length.

2. The appellant was tried along with the co-accused Malkhan son of Jagram for the offences under Sections 392/302/411, I.P.C. The trial Court by the impugned judgment dated 25.8.1995 acquitted the co-accused Malkhan of the charges. The appellant has been convicted to three years rigorous imprisonment under Section 392, I.P.C. and to life imprisonment under Section 302, I.P.C. the appellant was not granted bail during the trial. He has not even been granted bail during the pendency of this appeal. Thus, he has remained in jail since 1.1.1994 i.e. more than 14 years.

3. The prosecution case, in brief, is that at about 5:00 P.M. on 1.1.1994, the complainant and the witnesses heard cries of Smt. Kundandevi wife of Veerpal that some persons had snatched her nose ornament called pungariya and were running away. Thereupon, the complainant and his brother Ramjeewan and Deendayal, Veerpal and Sunder came running to the spot. They saw two persons running away. Ramjeewan, the brother of the complainant caught hold of one of these two persons, who stabbed Ramjeewan. Thereafter,











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