Advocates:
RAJENDER PD. SAXENAGUNNAM VENKATESWARA RAO

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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.

1340 of 2007

Ramesh Harijan

…..Appellant

Versus

State of U.P.

.... Respondent

JUDGMENT

Dr. B.S. CHAUHAN, J.

l. This criminal appeal has been preferred against the judgment

and order dated 23.3.2007 passed by the High Court of Allahabad in

Government Appeal No. 1246 of 1999 by which the High Court has

reversed the judgment of Additional District and Sessions Judge,

Basti in Sessions Trial No. 312 of 1996 dated 2.2.1999 acquitting the

appellant. Thus, the High Court has convicted the appellant for the

offence punishable under Sections 302 and 376 of Indian Penal

Code, 1860 (hereinafter called as `IPC’) and awarded him the life

imprisonment for both the offences. However, both the sentences

have been directed to run concurrently.

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JUDGMENT

2.

Facts and circumstances giving rise to this appeal are that:

A.

One Smt. Batasi Devi (PW.2) lodged an FIR on 2.2.1996 in

Haraiya Police Station alleging that her daughter Renu, aged 5-6

years, was found dead on her cot in Muradipur, the village