RAM KARAN Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1982-3-7
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on March 04,1982

RAM KARAN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) ):- This appeal by special leave is directed against a judgment dated 15-4-1975 of the Allahabad High Court by which the Judges of the High Court while acquitting the accused, Anil Kumar and Satish Kumar, altered the conviction of Ram Karan, Sunil Kumar and Ved Prakash from one under. Ss. 302 and 307 read with S. 149 I.P.C. to one under Ss. 302 and 307 read with S. 34, I.P.C. and confirmed the sentences of imprisonment for life imposed on these appellants.
(2.) The prosecution case has been detailed in the judgment of the High Court as also in the judgment of our learned Brother Varadarajan J. and it is not necessary to repeat the same. So far as the question of occurrence is concerned that has been proved beyond reasonable doubt as pointed out by Brother Varadarajan. J. as also by the High Court. We also agree with the appreciation of the evidence by Brother Varadarajan, J. and his conclusion that the two deceased died at the hands of the appellants.
(3.) The entire occurrence seems to have been the result of a chronic land dispute between the parties in which several commissions were issued and which ultimately proved futile. The prosecution has no doubt proved that the two persons were killed at the hands of the accused and that the occurrence had taken place while the Commissioners were present at the spot though they were not able to see the actual assault and were, therefore, not in a position to depose the detailed manner in which the assault had taken place.;


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