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1983 Supreme(MP) 393

GULAB C.GUPTA
RAMNATH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
R.P.TIWARI

GULAB C. GUPTA, J.

( 1 ) THE Appellants having been convicted for offences under sections 147, 148, 323/149, 324/149, 325/149 and 452, I. P. C. as detailed in judgment dated 24-10-1979, passed by Shri R. K. Gothewale, II Additional Sessions Judge Hoshangabad, in Sessions Trial No. 92 of 1979 are challenging their conviction and sentence in this appeal filed under Section 374 (2) of the Code of Criminal Procedure, 1973.

( 2 ) THE prosecution case is that on 24-2-1979 witnesses Bhagwati Bai, Sitabai and Amartibai had gone to reap wheat crop as labourers. Bhagwatibais husband Ramcharan was also out of the house. During the day when all the aforesaid persons were absent from the home, a goat belonging to Sitabai entered into the house of Gulabbai. Gulabbai hit the said goat with a danda causing severe injury on one of the legs of the goat. This is said to have been witnessed by Jagannath, the son of Sitabai. In the evening when Sitabai reached home and learnt about the hitting of the goat, she went to the house of Gulabbai and protested against hitting the goat. A quarrel thereafter took place between Gulabbai and Sitabai. It is alleged that the five appellants were standing at the hou









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