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2012 Supreme(All) 2307

RAKESH TIWARI, ANIL KUMAR SHARMA
RAM SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
B.A. Khan, M. Mishra, M.D. Yadav, M.P. Yadav, Ram Sajiwan Yadav, Ranjan Srivastava, Poonam Srivastava, D.P.S. Chauhan and Ms. Ibha Sinha (Amicus Curiae) for the Appellant; A,G.A. for the Opposite Party.

Rakesh Tiwari, J.

Heard Ibha Sinha, Amicus Curiae, appearing for the appellant, Syed. Ali Murtuza, learned A.G.A., and perused the record.

2. This criminal appeal challenges the validity and correctness of the judgement and order dated 1.12.2000 passed by Vth Additional Sessions Judge, Farukkhabad, in S. T. No. 246 of 1999, convicting the appellant and sentencing him to life imprisonment along with fine of Rs. 10,000/- U/S 302/120-B IPC. The judgment further provides that in case of default of fine, the accusedppellant will undergo 6 months additional imprisonment.

3. The appeal has been filed on the ground that conviction of the appellant is liable to be set aside for the reason that the accused has been convicted without any evidence; that the deceased was allegedly murdered by the appellant and co-accused Km. Meena, is not worthy of conviction, in as much as, the co-accused has been acquitted, and that the motive assigned for murder being alleged illicit relations between the accused Ram Singh and Km. Meena, but there was no evidence on record to prove the same.

4. The judgment impugned is also assailed on the ground that there are no eye-witness to support the prosecution story; th



































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