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2006 Supreme(SC) 674

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
Syed Ibrahim – Appellant
Versus
State Of A. P. – Respondent


JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. Challenge in this Appeal is to the judgment rendered by a Division Bench of the Andhra Pradesh High Court upholding the conviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC). The trial court had found the appellant guilty of murdering his wife on 10.1.1994. The accused was sentenced to undergo imprisonment for life. Accused challenged the conviction and sentence by filing an appeal before the High Court which was numbered as Criminal Appeal No. 511 of 1997. Initially by order dated 30.4.1998 a Division Bench of the High Court allowed the Appeal. The respondent-State filed an appeal before this Court. Since the order passed by the High Court was practically unreasoned, without expressing any opinion on merits, the judgment was set aside and the matter was remitted to the High Court for fresh disposal. The High Court by the impugned judgment dismissed the appeal confirming the order of the conviction and sentence passed by learned Session Judge, Guntur.

3. The background facts, as projected by prosecution during trial in a nutshell are as follows:

Durbhakula Lakshmi (herei












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