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2019 Supreme(All) 2350

GOVIND MATHUR, VIVEK VARMA
Shiv Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Satish Trivedi, Ajay Kumar Pandey.
For the Respondent: Jai Narain.

ORDER :

1. To examine correctness of the judgment dated 19.09.1983 passed by learned IVth Additional Sessions Judge, Etawah in Sessions Trial No. 186 of 1982, instant appeal is preferred.

2. By the judgment impugned, learned trial Court recorded conviction of the accused- appellants for an offence punishable under Section 302/34 Indian Penal Code and awarded sentence to undergo life term imprisonment. Conviction of the accused-appellants for an offence punishable under Section 452 Indian Penal Code has also been recorded and for that, the accused-appellants have been convicted to undergo imprisonment for a term of four years.

3. In brief, factual matrix of the case is that on 21.02.1982, a first information report was registered at Police Station Chakar Nagar, District Etawah at the instance of one Sri Bachchu Singh S/o Puran Singh Thakur. The contents of the first information report are as follows:-

    "It is humbly submitted the theft had taken place at the places of Judawan Singh and Jageshwar on 11.10.81 in the village of the complainant in which Shiv Singh S/o Lal Singh and Balveer S/o Shiv Singh and Shivnath Nai of the village itself were identified at the time of the theft. They ha

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