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1989 Supreme(SC) 164

B.C.RAY, S.R.PANDIAN
State Of U. P. – Appellant
Versus
Pheru Singh – Respondent


Advocates:
A.K.Sanghi, DALVIR BHANDARI, J.P.GOYAL, Prithvi Raj, Rachana Joshi Issar, Rajesh Agarwal, V.K.VARMA

JUDGMENT

S. RATNAVEL PANDIAN, J.:— These three appeals by grant of special leave under Article 136 of the Constitution of India arise out of the common judgment rendered by the High Court of Allahabad acquitting all these three appellants of various offences with which they all along with one Dr. R. V. S. Sharma stood charged, tried, convicted and sentenced for various terms of imprisonment. Dr. R. V. S. Verma, who was arrayed as accused No. 1 died during the pendency of the trial and as such the trial against him abated. Therefore, the trial went on as against RP Agarwal, Mahfooz ali Khan, Pheru Singh and Mohd. Ismail Khan (who were arrayed as accused Nos. 2 to 5).

2. The Trial Court framed as many as ten charges against all the accused persons put up for trial under various provisions of the Indian Penal Code on the allegation, the gist of which we would presently mention, they being that all the five accused on or about 1-3-67 in Mainpuri city entered into a criminal conspiracy, by agreeing to hush up the offence of theft or criminal breach of trust in respect of shortage in Government cash to the tune of Rs. 9600/- on the office of the District Medical Officer of Health Mainpuri
























































































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