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1973 Supreme(All) 382

CHANDRA PRAKASH
Sadanand – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

Chandra Prakash, J. - This is an application in revision against the order dated April 16, 1971 of Sri J. S. Pandey, Ist Addl. Sessions Judge, Farrukhabad rejecting the applicant's application for amalgamation of two trials.

2. One Om Prakash was murdered on September 27, 1968 at about sunset in vill. Acharia Bararpur distt. jarrukhabad. In respect of this incident one Sadanand lodged the F.I.R. at Police Station on September 28, 1968 at 12-10 A. M. He named seven persons namely Hardayal, Sia Ram, Badam Singh, Kashi Ram, Mahesh, Khushi Rain and Badan Singh as accused who committed the murder of Om Prakash. Sadanand, Rajkumar, Bhuja Singh, Tilak Singh and Gurdayal were cited as eye witnesses. The police investigated the case and submitted charge-sheet against Har Dayal named in the F.I.R. and eight others. On the basis of this charge-sheet Har Dayal, Ratia, Chote and Ram Deen were committed to the court of the Sessions to stand their trial under section 302/34 I.P.C. and five others namely Sadanand, Rajkumar, B.iuja Singh, Tilak Singh and Gur Dayal mentioned as eye witnesses in the F.I.R. were committed to the court of Sessions to stand their trial under section 201/149 Indi

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