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2024 Supreme(All) 1140

RAJIV GUPTA, SURENDRA SINGH I
State of Uttar Pradesh – Appellant
Versus
Raja Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kamal Krishna.
For the Respondent: S.P.S. Raghav.

JUDGMENT :

RAJIV GUPTA, J.

1. Heard Sri Jitendra Kumar Jaiswal, learned AGA for the State, Sri Pankaj Kumar Tyagi assisted by Sri Akash Tyagi, learned counsel for the accused-respondents and perused the record.

2. Learned AGA has informed this Court that in the instant Government Appeal, Raja Ram, Bhagwan Singh and Sagar Singh son of Mukhtiar Singh has already passed away and the instant appeal on their behalf has already been abated vide order dated 15.5.2024 and now the appeal survives only qua appellant No. 3- Shri Chand.

3. The present Government Appeal has been filed against the judgment and order dated 3.5.1983 passed by Special Judge, Bulandshahr in Sessions Trial No. 230 of 1980 (State Vs. Raja Ram and others), P.S. Gulaoti, District-Bulandshahr, by which the accused-respondents have been acquitted of all the charges framed against them.

4. The prosecution case as unraveled in the first information report lodged at the instance of P.W.-6 Surajveer is that the first formant is the permanent resident of village-Bhadaula, P.S. Modinagar, District-Ghaziabad, however for the last eight years they have been living at the house of one Badley, their maternal uncle resident of village-Ba

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