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STATE OF U.P. versus RAM CHANDRA PANDEY AND ANOTHER

High Court of Judicature at Allahabad

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State Of U.P. v. Ram Chandra Pandey And Another - GOVERNMENT APPEAL No. 5900 of 2005 [2006] RD-AH 11668 (17 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.C. Deepak J.

Hon'ble V.D.Chaturvedi J.

Heard learned A.G.A. for the State appellant and perused the record.

The deceased Narihar Pandey died of coma as a result of two injuries found on his person. The report lodged by Shree Ram Pandey indicates that the deceased died near the tube-well. There is no description of any assault upon him. The post-mortem was  conducted on 19.6.1996. Earlier to this, one Raghav Pandey had lodged the F.I.R. registered as NCR no.40 of 1996 under sections 323 and 504 I.P.C. wherein there is allegation that the deceased was caused injuries by the accused respondents and a report was also made by Shree Ram Pandey u/s 304 I.P.C. The injury report prepared on the basis of NCR indicates that he suffered more than six injuries  but when the post mortem was conducted, there is mention of only two injuries. It indicates that the deceased died due to injuries which appears to have been caused on 19.6.1996 and there is no evidence with regard to injury no.2 which was responsible for his death.

We have gone through the record and find that no interference is warranted in the order of acquittal.

The prayer to grant leave to file the appeal is hereby refused.

Dt.17.7.2006

Hsc/5900/05

Hon'ble R.C. Deepak J.

Hon'ble V.D.Chaturvedi J.

Heard learned A.G.A. for the State appellant.

Since the prayer to grant leave to file the appeal is already refused, the appeal also stands dismissed.

Dt.17.7.2006

Hsc/5900/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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