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2015 Supreme(Chh) 149

NAVIN SINHA, P.SAM KOSHY
Bhuneshwar Prasad Verma – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For The Appellant :Surendra Singh, Senior Advocate and Neeraj Mehta, Advocate
For The Respondents: Ravindra Agrawal, Panel Lawyer

JUDGMENT

Navin Sinha, J.

1. The Appellants stand convicted under Section 148 IPC to one year rigorous imprisonment, under Section 450 IPC to five years rigorous imprisonment with fine of Rs. 1,000/- as also under Section 302/149 IPC to life imprisonment with fine of Rs. 1,000/-. In the event of default in payment of fine, they were required to undergo six months further simple imprisonment for that offence as ordered by the Second Additional Sessions Judge, Balodabazar, on 29.01.2000 in Sessions Trial No. 359 of 1997.

2. An Application was filed in the appeal under Section 7(A) of the Juvenile Justice (Care and Protection of Children) Act (56 of 2000) on behalf of Appellant-Birendra Kumar alias Tetku Verma, claiming that he was a juvenile on the date of occurrence. An enquiry by the Second Additional Sessions Judge, Balodabazar dated 12.3.2015 confirms that the said Appellant was below 18 years of age on the date of occurrence.

3. The deceased Parasram was assaulted inside his hut on 23.2.1997 at about 9:00 p.m. Dehatinalishi (Exhibit P-2) was lodged at 11:15 pm the same night by PW-2, Netram, cousin of the deceased, living fifteen steps across the hut of the deceased. FIR (Exhibit P-





















































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