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1961 Supreme(All) 255

BRIJLAL GUPTA, OAK
Singhara Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
P.C. Chaturvedi, For the Appellant / J.R. Bhatt Dy. Government Advocate for State, For the Respondent

JUDGMENT

Oak, J. - These three connected appeals relate to the murder of one Raja Ram. Singhara Singh has been convicted by the learned Additional Sessions Judge, Bijnor u/s 302, I.P.C. Bir Singh and Tega Singh have been convicted u/s 302, IPC read with Ss. 120B, 109 and 114, IPC. Singhara Singh and Bir Singh have been sentenced to death; while Tega Singh has been sentenced to imprisonment for life.

2. According to the prosecution, Raja Ram deceased was a businessman of Afzalgarh in district Bijnor. He had a shop in the main market of Afzalgarh. For a long time Abdul Rashid accused had enmity with Raja Ram. Zamir and Khalil accused are related to Abdul Rashid accused. These men decided to get Raja Ram murdered. The three man secured the services of four Sikhs for murdering Raja Ram. The four Sikhs are Kundan Singh, Singhara Singh, Bir Singh and Tega Singh. The seven men entered into a criminal conspiracy to murder Raja Ram.

3. One evening Raja Ram was sitting at his shop. The four Sikh accused visited the shop at about 7-30 p.m. Three accused stood near the shop; while the fourth accused stood at a short distance from the shop. The three Sikh accused made some purchases from Raja Ram

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