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2004 Supreme(All) 791

S.K.AGARWAL, IMTIYAZ MURTAZA
PARAS RAM – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
R.C.PANDEY, R.C.YADAV, R.K.SINGH, S.K.Yadav, U.C.MISHRA, Vinay Saran,

The above appeals were preferred by the appellants one by Paras Ram and other by Sewak Ram. Both of them were convicted by the trial Court under Section 302/34 I. P. C. and the sentence awarded to them was imprisonment for life. Aggrieved by the said judgment and order these appeals came into being in this Court.

2. The brief facts, of the case, as contained in the F. I. R. are as under:

The deceased Nathhu Singh had been in his field to graze his cattle in the early hours of the morning on 24-10-1980. Ram Sajeevan P. W. 1 was also grazing his cattle in the near vicinity. In the meantime appellant Paras Ram and Ram Sajeevan also arrived at the scene of occurrence alongwith their cattle. The allegation further is that the cattle of Paras Ram ventured into the field of the deceased. It grazed

and damaged some paddy crop of the deceased. He had raised objection to the unwarranted act of the appellant Paras Ram. Since he nursed an impression that it was pushed deliberately there. Paras told the deceased that his cattle,will graze in the same manner. The deceased angrily told the appellant that he will not permit him to do so. At this the two appellants retreated back to their village an
















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