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1999 Supreme(All) 1452

B.K.SHARMA
GAFFUR – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
S.K.Pundir, S.K.Srivastava, Shashank Shekhar,

B. K. SHARMA, J.

Heard the learned counsel for the revisionist and the learned counsel for the opposite parties 3 to 8 as well as the learned A. G. A.

2. The facts leading to this revision are that on 27-10-1991 an occurrence took-place in respect of which an F. I. R. was lodged by Rakmuddin against the present accused opposite parties 3 to 8 at Police Station Kotwali pehat, district Saharanpur on which basis a Chik report was prepared and case Crime No. 304 under Sections 147/148/149/302, I. P. C. was registered. In this F. I. R. the informant had stated that his brother and others came at the spot and saw the occurrence. The present revisionist Gaffur is real brother of the said informant. The deceased in the case was Mugluddin, who was the father of informant Rakmuddin and of Gaffur, the present revisionist. After investigation, a charge sheet was submitted against the present accused opposite parties No. 3 to 8, in the Court of Magistrate concerned. Thereafter, the Magistrate committed the case to the Court of Sessions and after committal, the case became Sessions Trial No. 343 of 1996 under Sections 148, 302/149, I. P. C.

3. The present revisionist Gaffur was cited as witness N














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