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2009 Supreme(All) 540

SHIV CHARAN, VIJAY KUMAR VERMA
BHOORA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Samit Gopal, Amicus Curiae for the Appellant; A.K. Dwivedi, A.G.A. for the Respondent.

JUDGMENT

Hon’ble Vijay Kumar Verma, J.—Challenge in this appeal is to the judgment and order dated 20.12.2000 passed by the Additional Sessions Judge Court No. 14, Moradabad, in S.T. No. 517 of 1998 (State v. Bhoora), whereby the accused-appellant Bhoora has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- with default stipulation under Section 302, IPC and one year rigorous imprisonment under Section 4/25, Arms Act.

2. Briefly stated, the case of the prosecution as unfolded during trial is that dead bodies of a Muslim woman and a female child aged about 1 ½ year were found lying in the sugar-cane field of first informant Bhoorey s/o Faquer Mohammad, situated within the limits of village Jivai under the jurisdiction of P.S. Didauli, District J.P. Nagar. Written report Ext. Ka 1 was submitted at P.S. Didauli by the first informant on 31.1.1998. It was stated in that report by Bhoorey that when he went to his sugar-cane field on 31.1.1998 at about 2.00 p.m., he found that dead bodies of a Muslim woman and a female child aged about 1-1 ½ year were lying in his sugar-cane field situated on the side of chakroad going to Chaudarpur from his vil
















































































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