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2003 Supreme(All) 931

M.C.JAIN, ASHIM KUMAR BANERJEE
Parsadi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
G.C.SAXENA, G.S.Bisariya, Kundan Singh, M.W.Siddiqui, Shamumuddin Khan,

M. C. JAIN, J.

( 1 ) APPELLANT Parsadi has challenged the order of his conviction and sentences passed on 12-2-1987 by Sri S. R. Bhargava, the then Sessions Judge, Bareilly in Sessions Trial No. 89 of 1985. He has been sentenced to life imprisonment under section 302, I. P. C. and seven years rigorous imprisonment under Section 307, I. P. C. with a direction that both the sentences shall run concurrently. Presently, he is "in jail.

( 2 ) THE incident took place on 26-10-1984 at about 2. 45 p. m. near the Hospital in bengali Colony, P. S. Shishgarh, District bareilly. Lalji was murdered in the incident and injuries were caused to his daughter rama Devi PW-2. The report was lodged by omkar PW-1, an eye-witness, (son of the deceased) the same day at 4. 10 p. m. The distance of the police station from the place of occurrence was about 8 kms. The deceased died in District Hospital, Bareilly.

( 3 ) THE broad features of the prosecution case "may be set forth. The day of the incident was Bhaivadooj (26-10-1984) falling after Deepawali. At the fateful time, Omkar pw-1 was proceeding to bus stand accom-panied by his father Lalji (deceased), sister rama Devi PW-2, Bhupal and Chet Ram. His fat













































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