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2010 Supreme(Chh) 251

RAJEEV GUPTA, SUNIL KUMAR SINHA
Sheshu Alias Narendra Alias Sheshnarayan – Appellant
Versus
State of M. P. (Now C. G. ) – Respondent


JUDGMENT

Sunil Kumar Sinha, J.

1. These appeals are directed against the judgment dated 21.6.93 passed in Sessions Trial No. 362/91 by the Second Additional Sessions Judge, Durg.

2. By the impugned judgment, the Appellants have been convicted Under Section 302/34 IPC and sentenced to undergo imprisonment for life. They have been further convicted Under Section 394/34 IPC and sentenced to undergo R.I. for 5 years, with a direction to run the sentences concurrently.

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

Deceased- Basant Kumar was son of Lalchand (PW-2). They were running business of giving VCR, Television and Cassette on rent. On 2.10.89 at about 10.00 a.m., the Appellants came to their house and took VCR &Television for film-show in their village. The deceased and their servant-Ayub (PW-3) went to the village of the Appellants on the scooter of the deceased. Deceased left Ayub along with VCR set in the house, where the film-show begun. Thereafter the deceased went from that house saying that he is going to petrol-pump for taking petrol in the scooter and will come again after sometime. The Appellants also accompanied the deceased on his scooter saying that they will get down near t

















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