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2018 Supreme(All) 2444

SUDHIR AGARWAL, OM PRAKASH VII
Ramesh Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : K.N. Saxena, A.K. Singh, A.K. Awasthi, Manish Tewari, V.S. Kushwaha
For the Respondent: D.G.A., G.P. Yadav

JUDGMENT :

Om Prakash-VII, J.

1. This criminal appeal has been preferred by accused appellants against judgment and order dated 30.8.1983 passed by District & Sessions Judge, Ghazipur in Session Trial No. 50 of 1983 (State vs. Ramesh Singh and others) convicting and sentencing appellants Ramesh Singh, Satyendra Singh, Jitendra Singh @ Dharmendra Singh, Rajwant Singh and Awadhesh Singh for the offence punishable under Sections 302 IPC read with Section 149 IPC for imprisonment for life, for the offence under Section 323 IPC read with Section 149 IPC for six months rigorous imprisonment and for the offence under Section 147 IPC for one year's rigorous imprisonment. All sentences have been directed to run concurrently.

2. Facts of case, in nutshell, as unfolded by informant Ram Bachan Singh son of Amar Deo Singh in the First Information Report (in short 'F.I.R.'), are that on 28.10.1982 at about 02:00 p.m. Ramesh Singh son of Ghanman Singh along with his associates, namely, Satyendra Singh, Awadhesh Singh, Jitendra Singh @ Dharmendra Singh, Rajwant Singh armed with lathi tried to have forcible possession over the land situated in front of his house. When informant objected, they started

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