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2024 Supreme(SC) 285

B. R. GAVAI, SANDEEP MEHTA
Ballu @ Balram @ Balmukund – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Varun Thakur,Adv. Ms. Shraddha Saran,Adv. Mr. Ramkaran, Adv. Mr. Brajesh Pandey,Adv. Mr. Varinder Kumar Sharma, AOR
For the Respondent(s): Mr. Pashupathi Nath Razdan, AOR Mr. Vikas Bansal, Adv. Mr. Mirza Kayesh Begg, Adv. Ms. Maitreyee Jagat Joshi, Adv. Mr. Astik Gupta, Adv. Ms. Akanksha Tomar, Adv. Mr. Argha Roy, Adv. Ms. Ojaswini Gupta, Adv. Ms. Ruby, Adv.

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JUDGMENT

B.R. GAVAI, J.

1. The present appeal challenges the judgment dated 6th April 2018 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 261 of 1995, thereby allowing the appeal of the respondent-State which was filed challenging the judgment dated 26th March 1994 passed in S.T. No. 160 of 1992, vide which the learned 2nd Class Sessions Judge, Damoh (hereinafter referred to as ‘the learned trial Judge’) had acquitted the appellants of the charges under Sections 302, 201 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’). The High Court, reversing the judgment of the learned trial Judge, had convicted the appellant No. 1 (Ballu Chaurasiya @ Balram @ Balmukund) under Sections 302 and 201/34 of IPC and appellant No. 2 (Halki Bahu @ Jamna Bai @ Jamuna Bai) under Sections 302/34 and 201 of IPC and awarded rigorous imprisonment for life under Sections 302 and 302/34 with fine of Rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for three months. Insofar as Sections 201 and 201/34 of IPC are concerned, the High Court further awarded sentence of rigorous imprisonment for seven years with a fine of Rs. 3000

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