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2006 Supreme(SC) 590

ARIJIT PASAYAT, S.H.KAPADIA
Pappu – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. Challenge in this appeal is to the correctness of judgment rendered by a Division Bench of the Madhya Pradesh High Court, Indore Bench. By the impugned judgment conviction of the appellant for offence punishable under Section 302 of Indian Penal Code, 1860 (in short IPC) and sentence of RI for life and fine of Rs.500/- imposed by the trial Court were maintained.

3. Background facts in a nutshell are as follows:

On 26.5.2004 in village Teki marriage function of the daughter of one Rama was going on. In the said marriage function, Rama invited complainant Madhu Singh (PW-2) and his family members. In the afternoon between 3 to 4 p.m. father and mother of the complainant i.e. Mal Singh (hereinafter referred to as the deceased) and Sajan Bai, went to the house of Rama for taking meals. At that time the complainant Madhu Singh was sitting and taking his meal and his father was going to another room for taking meal. At that juncture accused Bondar, his son accused Pappu i.e. the present appellant and Munna reached there, abused Mal Singh and asked him as to who had invited him. There was exchange of hot words and altercations took place. Su















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