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2000 Supreme(All) 1383

J.C.GUPTA, S.K.AGARWAL
Malkhan Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
A.B.L.Gaur, APUL MISHRA, P.N.MISHRA,

S. K. AGARWAL, J.

( 1 ) CRIMINAL Appeal No. 2387 of 1982 was preferred by Malkhan Singh, Narendra Kumar and Pratap Singh. Connected with this appeal are Criminal Appeal No. 2548 of 1982 and Criminal Appeal No. 2686 of 1982. These appeals are preferred by Om Pal and Shripal respectively.

( 2 ) ALL the aforesaid appeals arise out of an order of conviction under Section 302/149, 147 and 148, I. P. C. of all the appellants. Malkhan Singh and Pratap Singh being armed with Lathi were convicted under Section 147, I. P. C. and sentenced to one years R. I. Appellants Shripal and Om Pal were sentenced under Section 148, I. P. C. for holding pharsa and sword to two years R. I. They all were also sentenced to R. I. for life under Sections 302/149, I. P. C. All the sentences were to run concurrently.

the Jungle (fields) of village Jarara near the field of Devi Singh. The place, where there incident had occurred, is about 2 kms. from the Abadi of the village. The F. I. R. of this incident was lodged by Vipin Kumar son of deceased Fatesh Singh at 6. 30 p. m. at P. S. Pahasu on the same day. A case, on the basis of this written report, was registered at the above said police station by the Head Moh















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