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SUNIL KUMAR SINHA
Manoj Kumar – Appellant
Versus
State of M. P. (Now State of Chhattisgarh) through P. S. Civil Lines – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Yogeshwar Sharma, Advocate.
For the State/Respondent:Satish Gupta, Govt Advocate.

JUDGMENT

Sunil Kumar Sinha, J.—This appeal is directed against the judgment dated 13th of December, 1994 passed in Session Trial No. 86/92 by the 7th Additional Session Judge, Bilaspur. By the impugned judgment, the appellants have been convicted under Section 307/34 IPC and sentenced to undergo R.I. for 7 years.

2. The facts, briefly stated, are as under:

Complainant-Ramesh Chandra Yadav (PW3) was a driver. On 26.6.91 at about 9.00 p.m., he had gone to meet one Baba Rao near Satyam Talkies, Bilaspur. He was on his Yamaha Motorcycle bearing registration No.MP-26-3441. When he was returning from Satyam Talkies, the two assailants meet him on the way and asked for lift on his motorcycle. He gave them lift. After sometime, one of the assailant pointed revolver near his ear and asked him to take a different way. As soon as the motorcycle reached near Civil Lines Police Station, the complainant turned the motorcycle towards police station, on which, the assailants jumped from the motorcycle and one of them, who was holding revolver, fired upon the complainant which caused gun shot injury on his back. The complainant went to the police station in injured condition and lodged the report (

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