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2019 Supreme(SC) 184

R.BANUMATHI, R.SUBHASH REDDY
BALVIR SINGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
For the Appellant : Mr. Aftab Ali Khan, AOR Mr. Syed Mohammed Aatif,Adv., Mr. Sanjay Jain, AOR
for the Respondent: Mrs. Swarupama Chaturvedi, AOR Mr. B.N. Dubey,Adv. Mr. Mukesh Kumar,Adv. Ms. Indira Bhakar,Adv. Ms. Aparna Trivedi,Adv. Mr. Santanu Singh,Adv.

JUDGMENT

R. Banumathi, J.

These appeals arise out of the judgment dated 26.08.2008 passed by the High Court of Judicature at Madhya Pradesh at Jabalpur in and by which the High Court affirmed the conviction of the appellants (Accused No. 1 to 4) under Sections 341, 302 and 302 read with 34 IPC and the sentence of imprisonment for life imposed upon each of the accused. The High Court also affirmed the conviction of the appellant/accused Harnam Singh under Section 25(1A) read with Section 27 of the Arms Act and the sentence of three years rigorous imprisonment imposed upon him.

2. Briefly stated case of the prosecution is that on 11.03.1998 at about 05.30 PM, Mohan Mehtar belonging to Scheduled Caste was going on motor cycle along with Santosh Rai (PW-2) and Kamal @ Kamlesh (PW-13) to Railway Colony. When they reached near Advocate Mishra's lane, accused Harnam Singh, Balvir Singh, Bhav Singh and Bharat Thakur stopped the motor cycle driven by Santosh Rai (PW-2). Accused Harnam Singh asked Mohan Mehtar to come down as they wanted to talk with him. When Mohan Mehtar came down from mo














































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