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2018 Supreme(All) 2466

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


Advocates Appeared:
For the Appellant : From Jail, S.V. Singh, Sudhir Shukla

JUDGMENT :

Om Prakash-VII, J.

1. Present jail appeal has been preferred by accused-appellant Sadhu Singh against judgment and order dated 06.04.2006 passed by Additional Sessions Judge, Court No. 3, Etah in Sessions Trial No. 665 of 2003 arising out of Case Crime No. 89 of 2003 (State of U.P. Vs. Sadhu Singh) under Section 302 I.P.C., Police Station Jaithara, District Etah convicting and sentencing accused appellant for the offence under Section 302 I.P.C. with imprisonment for life and also fine of Rs. 3,000/-. In the event of default in payment of fine, accused-appellant was also directed to undergo one year's additional imprisonment.

2. Prosecution story in nutshell, as unfolded in written report Ext. Ka-1, is as follows:

3. Informant PW-1 Kanhaiya Lal moved written report Ext. Ka-1 scribed by Viresh Kumar at police station concerned on 28.06.2003 mentioning therein that Ram Prasad (deceased) and accused-appellant Sadhu Singh both were close friends. Accused-appellant Sadhu Singh had purchased an woman two years back. It was also mentioned that on 27.06.2003 in the evening accused-appellant Sadhu Singh came to house of informant and told the deceased that his wife was not present in

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