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Allahabad Court July 2000 Judgments

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Jul 03 2000

State of U.P. Vs. Dambar and anr.

Court: Allahabad

Decided on: Jul-03-2000

Reported in: 2000CriLJ4690

U.S. Tripathi, J.1. The State of Uttar Pradesh has preferred this appeal against the judgment and order dated 31-3-1980 passed by Sri R. S. Agarwal, 1st Additional Sessions Judge, Aligarh in Sessions Trial No. 75 of 1979 acquitting the respondents Nos. 1 and 2 of the offences punishable under Section 302 read with Section 34, I.P.C. and Section 394, I.P.C.2. The prosecution story, briefly narrated, was that Nanak Chand (21) deceased, son of Shambhu Dayal and nephew of Kalyan (P.W. 2) was tenant in a shop owned by Bihari, uncle of respondents Damber and Vinod. Bihari wanted his shop vacated and for it he was pressurising Nanak Chand deceased. Kishan, S./O. Bihari was apprehended by police prior to occurrence of this case and respondents were suspecting that he was arrested due to Nanak Chand deceased.3. On the evening of 11-12-1978 at about 5.45 p.m. Nanak Chand deceased came to betel shop of Nemi Chand Gupta situate at Sarai Jawa. After taking betel he was proceeding to his house throu...


Jul 03 2000

Har Pal Singh and Etc. Vs. State of U.P.

Court: Allahabad

Decided on: Jul-03-2000

Reported in: 2000CriLJ4552

U.S. Tripathi, J.1. The above four appeals have been preferred by respective appellants against the judgment and order dated 30-9-1980 passed by Sri S.K. Agnihotri, the then Additional Sessions Judge, Aligarh in Session Trial No. 532 of 1979 convicting the appellants under Section 396 I.P.C. and sentencing them to imprisonment for life.2. All the appeals arise out. of same judgment and common question of fact and law are involved in all the four appeals and, therefore, these appeals are taken up together for decision by a common Judgment.3. The prosecution story, briefly stated, was that Heera Lal deceased, Aidal Singh deceased and Bhagwat Singh (P.W.2) were real brother and residents of village Ratanpur, P.S. Sikandararau, District Aligarh. Appellants Harpal and Sukhpal were real brothers and first cousins of Bhagwant Singh (P.W.2), Heera Lal and Aidal Singh deceased. Appellant Ajanti resident of Sikandar Pur, P.S. Akbarabad was allegedly Sarhu of appellant Sukhpal and sister of appel...


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