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2001 Supreme(All) 949

G.P.MATHUR, S.K.JAIN
MIRZA MOHAMMAD HUSAYN – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
D.R.Chaudhary, Dheeraj Singh, H.N.SHARMA,

G. P. MATHUR, J.

This petition under Article 226 of the Constitution has been filed for quashing of the Government Orders dated 11-1-2000 and 25-1-2000 by which general directions were issued for premature release of prisoners who had undergone a very small portion of sentence imposed upon them.

2. A gruesome incident took place in the afternoon of 1-2-1989 in village Sakhni within the limits of police station Jahangirabad in the District of Bulandshahr in which 11 persons were killed and some others including a police constable on duty were injured. The accused restored to indiscriminate firing upon the victims when they were performing the burial of a lady in the family graveyard. In all 21 accused were put up for trial. The Sessions Judge acquitted 4 and convicted and sentenced 6 accused to death and remaining 11 to imprisonment for life besides some shorter terms of imprisonment for other offences. Appeals were preferred by the accused and also by the State before the High Court which acquitted 2 accused and affirmed the conviction of the remaining 15. Except for one accused, the death sentence of the remaining was altered to imprisonment for life. The accused and also the Stat












































































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