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2005 Supreme(All) 2021

POONAM SRIVASTAVA
Darshan Singh, Har Govind Singh, Kamta Prasad – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
DILEEP KUMAR, RAJIV GUPTA,

POONAM SRIVASTAVA, J.

( 1 ) HEARD Sri Dileep Kuinar Advocate assisted by Sri Rajiv Gupta Advocate, learned Counsel for the applicants and learned A. G. A for the State.

( 2 ) THIS application has been filed for quashing the entire proceedings of Session Trial No. 244 of 1995, State v. Darshan Singh and Anr. , pending in the Court of Additional Session Judge (Fast track Court No. 1), Etawah, under Sections 147, 148, 149, 302, 201, 120-B I. P. C. arising out of case crime No. 32 of 1985, Police Station Basrehar, District Etawah. ( 3 ) AN incident took place on 23. 2. 1985 at 6. 00 P. M. and first information report was lodged on 24. 2. 2005 at 8. 45 A. M. Four persons Darshan Singh, Har Gobind Singh (applicants), Sri Chand and Jagat Singh were named along with four unknown assailants. The allegation in the first information report was that conspiracy was hatched by the applicants with the accused and Kulf singh was done to death. Two weapons Barka and Kulhari were alleged to have been used in the said occurrence. The role of assault was given to accused Shri Chand and Jagat Singh. The prosecution witnesses, who were said to have witnessed the occurrence, are Janardan Singh, Shiv devi







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