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1972 Supreme(SC) 279

G.K.MITTER, P.JAGANMOHAN REDDY
Sohrab S/o Beli Nayata – Appellant
Versus
State Of M. P. – Respondent


Judgment

P. JAGANMOHAN, REDDY, J.:- The Sessions Judge of Indore acquitted all the seven accused who were charged with the murder of one Sobal Singh. In an appeal by the State, the High Court while maintaining the acquittal of five of them viz. Jinnatbai, Gaburia, Ismail, Sardar and Bashir, reversed it in respect of Sohrab and Nadar, whom he convicted under Section 302-34 and sentenced each of them to life imprisonment. Thy were also convicted under S. 25-A of the Arms Act and each of them was sentenced to one year s rigorous imprisonment. The sentences were directed to run concurrently. This appeal is by certificate against the said convictions and sentences.

2. The prosecution case is that there was a strained relationship between the accused and the deceased inasmuch as in December, 1963, one Kudrat, the husband of Jinnatbai, was murdered and for that murder, Sobal singh, the deceased, was prosecuted along with another person, but they were acquitted. It is alleged that on the morning of 26th February, 1966 all the seven accused started from the house of Sohrab. Jinnatbai with her little son and Nadar went in a Chhakda driven by Gaburia. Ismail, Bashir and Sardar were on bicycles















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