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2022 Supreme(SC) 1751

DINESH MAHESHWARI, BELA M. TRIVEDI
PILLU @ PRAHLAD – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


JUDGMENT :

1. These appeals are directed against the judgment and order dated 11.02.2010, as passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 766 of 2001, whereby the High Court has dismissed the appeal filed by the present appellants while maintaining their conviction of the offence under Section 302/34 of the Indian Penal Code, 1860 (‘IPC’) and sentence of life imprisonment with fine of Rs. 3,000/- each with default stipulations.

2. In challenge to the concurrent findings of fact, the learned counsel for the appellants has essentially put forward the submissions that in this case, the principal witnesses of the prosecution, namely, PW-1 Shankerlal and PW-11 Rameshwar Prasad could not have been relied upon for the reasons that PW-1 had not supported the prosecution case in entirety and was, in fact, declared hostile whereas PW-11 was introduced in the investigation as an alleged eye-witness after twenty-two days of the lodging of FIR. In the second limb of submissions, learned counsel has argued that even taking the prosecution case on its face value, the offence against the appellants would not travel beyond the offence of culpable homici

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