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2012 Supreme(Chh) 161

RAJEEV GUPTA, SUNIL KUMAR SINHA
BODHRAMRAWAT – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
Mrs. Savita Tiwari, Advocate, for the Appellants.
Mr. J.A. Lohani, Panel Lawyer, for the State.

JUDGMENT

Sunil Kumar Sinha, J.

1. This appeal is directed against the judgment dated 17th of July, 1995 passed in Sessions Trial No. 184/1993 by the First Additional Sessions Judge, Raigarh.

2. By the impugned judgment, the appellants have been convicted under Sections 302, 324 and 323 all read with Section 34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 100/-; R.I. for 6 months and to pay fine of Rs. 100/-; and R.I. for 6 months and to pay fine of Rs. 100/-, respectively, with default sentences of 1 month under each count with a further direction to run the sentences concurrently.

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

The appellants are real brothers. 08.03.1993 was the day of Holy festival. In the day time, appellant No. 1 and deceased-Divaram consumed liquor. Thereafter, they started quarrelling. They scuffled with each other. The quarrel was pacified by the villagers and they went to their houses. The allegations are that in the night, at about 9:00 p.m., the appellants started quarrelling with the deceased and in the said quarrel appellant No. 1 gave single blow of Farsa on the neck of the deceased. When the father of the deceased namely-Matwar (












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