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2021 Supreme(All) 1551

Mahendra – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.R.B. Kher, Amit Kumar Srivastava, Hare Krishna Tripathi, Seema Pandey, Shiv Bahadur Yadav.

ORDER :

1. Heard Ms. Seema Pandey, learned Amicus Curiae for the appellant, Sri Bhanu Prakash Singh and Sri Rajeev Kumar Rai, learned Brief Holders for the State and perused the material available on record.

2. By way of instant criminal appeal, challenge has been made to the correctness and sustainability of the judgment and order of conviction dated 31.10.1985 passed by the Sessions Judge, Jhansi in Sessions Trial No. 37 of 1985 (State vs. Mahendra alias Motey and another), arising out of Case Crime No. 326 of 1984, Police Station - Kotwali, District -Jhansi, whereby the accused-appellant- Mahendra alias Motey has been convicted under Section-302 I.P.C. and sentenced to undergo imprisonment for life.

3. The relevant factual matrix of this case as discernible from record appears to be that the informant- Ghamandi Lal orally lodged report at Police Station-Kotwali, District-Jhansi on 22.12.1984 at about 12:45 p.m. regarding the occurrence of the same day, which took place around 11:00-11:30 a.m. with the following assertions that informant is Ghamandi Lal son of Ramdas Kori, resident of Mohalla - Sagar Gate, Police Station-Kotwali, District - Jhansi. On 22.12.1984, one Bal Krishna son

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