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2024 Supreme(All) 1290

SIDDHARTHA VARMA, VINOD DIWAKAR
Ram Krishna – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : N.K. Saxena, Ashok Kumar Dwivedi, Ram Kishor Gupta.
For the Respondent: K.P. Shukla.

JUDGMENT :

VINOD DIWAKAR, J.

1. Heard Shri Ram Kishor Gupta, learned counsel for the appellant, Shri Amit Sinha, learned A.G.A. assisted by Ms. Mayuri Mehrotra, learned brief holder for the State-respondent, and perused the record.

2. Upon completing the investigation in Case Crime No. 49 of 1981, u/s 302 IPC and in Case Crime No. 51 of 1981, u/s 25 of Arms Act, both registered at P.S. Kharela, District Hamirpur, the police filed the charge-sheet against the accused-appellant Ram Krishna and he was charged u/s 302 IPC and section 25 of Arms Act respectively, wherein, he denied the prosecution case and claimed trial.

3. The learned trial court vide impugned judgment and order dated 8.3.1983 convicted the accused-appellant Ram Krishna, and sentenced him to undergo life imprisonment for the offenses under Sections 302 IPC and section 25 of the Arms Act. Aggrieved by the impugned judgment of conviction and order of sentence, the accused-appellant preferred the instant appeal before this Court.

4. The prosecution case, in brief, is that a written complaint was lodged at Police Station Kharela, District Hamirpur, on 11.8.1981 at 17:30 p.m. regarding an incident took place in broad day light i

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