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2023 Supreme(SC) 832

J. B. PARDIWALA, MANOJ MISRA
Harilal – Appellant
Versus
State of Madhya Pradesh (Now Chhattisgarh) – Respondent


Advocates appeared:
For the Appellant(s) : Mr. D.N. Goburdhun, Sr. Adv. Mr. Aakarsh Kamra, AOR
For the Respondent(s): Mr. Mahesh Kumar, Adv. Mr. Nikhilesh Kumar, Adv. Mr. Amanpreet Singh Rahi, Adv. Mr. Dipesh Singhal, Adv. Ms. Devika Khanna, Adv. Mrs. V D Khanna, Adv. For M/s. VMZ Chambers, AOR

Judgement Key Points

What is...

What is...


JUDGMENT :

MANOJ MISRA, J.

1. These two appeals are directed against a common judgment and order of the High Court of Chhattisgarh at Bilaspur (in short “the High Court”), dated 17.02.2010, passed in Criminal Appeal Nos. 864 and 865 of 1991, whereby the appeals of Harilal and Parasram @ Rangnath (the appellants herein) were dismissed and the order of the third Additional Sessions Judge, Bilaspur, dated 13.07.1991, passed in S.T. No. 153 of 1990, convicting and sentencing the appellants to imprisonment for life under Section 302 of the Indian Penal Code, 1860 (in short “I.P.C.”) was affirmed.

Introductory Facts

2. Three accused, namely, Anshram, Parasram alias Rangnath and Harilal, were tried for committing murder of Ellahabadiya alias Vijay (the deceased) on 25.08.1989 at about 8.00 pm. Based on information received, a first information report (Ex.P-7) (in short “the FIR”) naming the aforesaid three accused was lodged by Smt. Jugmatibai (PW-9) at P.S. Hirri, District Bilaspur (M.P.) on the next day of the incident i.e. on 26.08.1989 at about 10 am. On 26.08.1989 itself, the inquest was conducted and the police collected blood-stained earth/plain earth from the spot and also seized a

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