RAVINDER SINGH GORKHI Vs. STATE OF U P

JUDGEMENT

(1.) Whether a school leaving certificate purported to have been issued by the authorities of a primary school would attract the provisions of Section 35 of the Indian Evidence Act, 1872 is in question in this appeal which arises out of a judgment and order dated 23-9-1997 passed by the High Court of Allahabad in Criminal Appeal No. 3368 of whereby and whereunder the appeal preferred by the appellant from an order dated 29-11-1979 passed by the Additional Sessions Judge, Bulandshahr in Sessions Trial No. 293 of 1979 was dismissed.

(2.) The appellant herein was said to have been born on 1-6-1963. He was involved in a criminal case relating to the murder of one Chhattrapal which took place on 15-5-1979. The allegation against the appellant was that he along with his father Surendra, Satish Chandra, Narendra and Ramji Lal attacked him with a country-made pistol and knife. The appellant is said to have been armed with a country-made pistol.

(3.) The said deceased while travelling on a cycle was fired at, whereupon he threw his cycle on the road and rushed towards the shop of one Chhitariya and entered therein to save his life. The accused persons chased him, entered into the said shop and killed him by firing from the country-made pistols and knife. At the trial all the accused persons were convicted of commission of the said offence and were sentenced to undergo rigorous imprisonment for life. An appeal preferred by the accused persons including the appellant herein was dismissed by the High Court by reason of the impugned judgment.