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2008 Supreme(All) 63

PRAFULLA C.PANT
STATE OF UTTAR PRADESH – Appellant
Versus
SOBAN SINGH – Respondent


Advocates:
AMIT BHATT, K.N.JOSHI,

PRAFULLA C. PANT, J.

This appeal, preferred under Section 378 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 21-02-1987, passed in Sessions Trial No. 35 of 1985, by learned Ses sions Judge, Tehri Garhwal, whereby the accused (present respondents) are ac quitted of the charge of offences pun ishable under Section 302 read with Section 34 and under Section 498-A read with Section 34 of the Indian Pe nal Code, 1860 (hereinafter referred as I. PC. ). The leave to appeal was granted by the Allahabad High Court on 30-04-1992, as this appeal was initially filed there on 05-06-1987. This appeal is re ceived by transfer to this Court under Section 35 of the U. P Reorganization Act, 2000, for its disposal.

2. We heard learned counsel for the parties and perused the entire evidence on record.

3. The prosecution story in brief is that Budha Devi (deceased), daughter of Khaddu Singh (P. W. I), got married to Soban Singh (accused / respondent No. 1) resident of Village Sagwan Gaon, Patti Sarjula, District Tehri Garhwal, in the month of April 1984. Village of Khaddu Singh (parental village of the deceased) is Kanda of the





















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