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2001 Supreme(SC) 1258

UMESH C.BANERJEE, N.S.HEGDE
Latel – Appellant
Versus
State Of Chattisgarh – Respondent


JUDGMENT

Santosh Hegde, J.-The appellant herein was accused No.1 in Sessions Trial No.39/93 before the III Additional Sessions Judge of Sessions Court, Bilaspur (M.P.). He along with 11 other persons were charged under Sections 148, 302 and 307 read with Section 149 IPC for having committed the murder of Sahdev Tiwari and his son Ashok Tiwari and for having attempted to cause the death of Vijay Kumar Tiwari. The learned Sessions Judge convicted the appellant and 8 others under Sections 302 and 307 read with Section 149 IPC for the death of Ashok and Sahdev Tiwari and convicted them under Section 302 read with Section 149 IPC for causing the death of Sahdev Tiwari and sentenced them to undergo RI for life. He, however, did not convict the appellant for the offence under Section 307 while he did so in regard to some others. On appeal, the High Court of Madhya Pradesh at Jabalpur while confirming the sentence of the appellant herein under Section 302 IPC for the murder of Sahdev Tiwari and sentencing him to life imprisonment also convicted the appellant along with one Bhajan for the offence punishable under Section 307 IPC for having caused the death of Ashok and on this count senten












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