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2016 Supreme(Chh) 436

ANIL KUMAR SHUKLA
Anand Tambe S/o. Diwakar Rao Tambe – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellant : Mr. Pramod Verma, Mr. Suresh Pandey
For the Respondent: Ms. Shobha Kashyap

JUDGMENT :

Anil Kumar Shukla, J.

Challenge in this appeal is to the judgment of conviction and order of sentence dated 12.01.1995 passed by the 5th Additional Sessions Judge, Bilaspur in Sessions Trial No. 220/1992, whereby & where under, after holding the appellant guilty for attempt to commit murder and injuries by knife to complainant Basantrao Gurjar and his son Vishwasrao Gurjar, convicted him under Sections 307 and 324 of IPC and sentenced him to undergo rigorous imprisonment for 4 years and 2 years, respectively.

2. Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed an illegality.

3. The undisputed facts are that complainant Basantrao Gurjar was residing in his own house in Tilaknagar at Chantapara, Bilaspur, in which the appellant was also residing as a tenant.

4. Case of the prosecution, in brief, is that complainant Basantrao Gurjar was residing in Chantapara. The appellant is son of the complainant's uncle. Due to non-payment of house rent for two months, a dispute arose between the complainant and the appellant, on which some altercation took plac

























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