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2022 Supreme(SC) 516

B. R. GAVAI, HIMA KOHLI
Mahendra Singh – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For the Appellant(s) :S. Nagamuthu, Raj Kishor Choudhary, Shakeel Ahmed, Rizwan Khan, Malvika Raghavan, Nakul Choudhary, Anupam Bhati, Utkarsh Pandey, Advocates
For the Respondent(s):Ankita Chaudhary, Dy. AG Amit Sharma, Gopal Jha, Himanshi S., Advocates

JUDGMENT :

B.R. GAVAI, J.

1. Both these appeals, i.e. Criminal Appeal No. 764 of 2021, filed by Mahendra Singh (accused No. 3), Pritam Singh (accused No. 4) and Shambhu Singh (accused No. 9) and Criminal Appeal No. 765 of 2021, filed by Lakhan Singh (accused No. 11), challenge the judgment dated 6th August, 2019, delivered by the Division Bench of the High Court of Madhya Pradesh, Bench at Gwalior, in Criminal Appeal No. 317 of 2000, thereby dismissing the appeal filed by the present appellants and upholding their conviction under Sections 148 and 302 read with Section 149 IPC and imposing the sentence of one year rigorous imprisonment under Section 148 IPC and life imprisonment and a fine of Rs. 5,000/- each under Section 302 read with Section 149 IPC and, in default of payment of fine, sentence of rigorous imprisonment for a period of two years.

2. The facts, in brief, giving rise to the present appeals are as under.

3. The investigation in the present case was set in motion on the basis of the oral report of Amol Singh (PW-6), on the basis of which a First Information Report (“FIR” for short) Exhibit P7, came to be registered. It is stated by Amol Singh (PW-6) in the FIR that on 12t

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