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2024 Supreme(SC) 22

ABHAY S. OKA, PANKAJ MITHAL
Jitendra Kumar Mishra @ Jittu – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Mohan Pandey, AOR Dr. Rajesh Pandey, Sr. Adv. Mr. Chandrika Prasad Mishra, Adv. Mr. Abhishek Pandey, Adv. Mr. Mahesh Pandey, Adv. Mr. Prashant Kumar Umrao, Adv. Ms. Nishi Prabha Singh, Adv. Ms. Prashanti Singh, Adv. Ms. Swati Surbhi, Adv. Mr. Gyan Prakash Dandekar, Adv. Mr. Mahesh Kumar Tiwari, Adv. Ms. Mridula Ray Bharadwaj, AOR
For the Respondent(s): Mr. D.S. Parmar, A.A.G. Ms. Indira Bhakar, Adv. Ms. Mrinal Gopal Elker, AOR

JUDGMENT :

PANKAJ MITHAL, J.

1. Heard learned counsel for the parties.

2. Four persons namely Manja alias Amit Mishra, Jitendra Kumar Mishra @ Jittu, Gledwin alias Banti Isai and Ajay alias Ajayya were convicted to life imprisonment under Section 302 r/w 34 IPC with a fine of Rs. 5000/- each, and in default of payment of fine with a further rigorous imprisonment for six months in Sessions Trial Number 378 of 2007 vide judgment and order dated 15.09.2008 passed by the 13th Additional Session Judge (Fast Track), Jabalpur, M.P.

3. On appeals, i.e. Criminal Appeal No. 2031 of 2008 preferred by Manja @ Amit Mishra and Jitendra Kumar Mishra @ Jittu together and Criminal Appeal No. 2237 of 2008 preferred by Gledwin @ Banti Isai and Ajay @ Ajayya together, the conviction and sentence awarded by the Session Trial was upheld and both the appeals were dismissed by the High Court.

4. It is in connection with the aforesaid Sessions trial and the conviction of the appellants under Section 302/34 IPC that the present appeals have been preferred one by Manja @ Amit Mishra and Jitendra Kumar Mishra @ Jittu and another by Gledwin @ Banti Isai and Ajay @ Ajayya. Both the appeals were tagged and leave to a

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