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2004 Supreme(SC) 290

ARIJIT PASAYAT, DORAISWAMY RAJU
Charan Singh – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Arijit Pasayat, J.-The six appellants faced trial along with 18 others for alleged commission of offences punishable under Sections 147, 148, 302 read with Section 149 and 307 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC ). They were convicted by the Trial Court. For the offence relatable to Section 302 read with Section 149 IPC, life imprisonment was awarded; whereas for the offence relatable to Section 307 read with Section 149 IPC imprisonment of 7 years was awarded. According to the prosecution, one Devi Charan (hereinafter referred to as the deceased D-1 ) lost his life on account of murderous assaults of the accused persons. Two other persons namely, Buddha and Shanti Devi (described hereinafter as deceased D-2 and D-3 respectively) lost their lives in the incident. All the 24 accused persons preferred appeal before the High Court. The High Court found that one accused named Shyamu was a juvenile and with reference to Section 2(4) of the U.P. Children Act, 1951 his conviction was maintained, but he was extended the benefit of the said Act. Though one Ram Pal was named in the first information report, no charge sheet was submitted so far as



























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