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2008 Supreme(SC) 1110

MUKUNDAKAM SHARMA, ARIJIT PASAYAT
Sonelal – Appellant
Versus
State of M. P. – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court, Jabalpur Bench, dismissing of the appeal filed by the appellant questioning his conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the `IPC) as was recorded by learned Additional Sessions Judge, Murwara, Katni.

3. Prosecution version as unfolded during trial in a nutshell is as follows:

3.1 On 24.12.1997 at about 3.30 P.M. Ram Khilawan (hereinafter referred to as the deceased resident of Khirhani Gate, Katni went to the Hotel of Vijay after coming out of his house for having tea. There some dispute arose between accused Sone Lal and Ram Khilawan the deceased. Accused Sone Lal told him taking out a knife from his pocket, "I will finish you today". Sone Lal gave knife blow to deceased Ram Khilawan thrice in his stomach with an intention to kill him, whereby intestine came out of his stomach. The above said incident was witnessed by Sukh Ram Choudhary, Vijay Choudhary, Lala Choudhary and many others. Yashoda Bai W/o Ram Khilawan arrived there hearing the news of altercation. Accused-Sone Lal fled





















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