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2003 Supreme(MP) 392

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Ghapoo Yadav – Appellant
Versus
State of M. P. – Respondent


Advocates:
L.N. Gupta for appellants;
R.P. Gupta with Ms. Kamakshi S. Mehlwal for respondent.

JUDGMENT

Pasayat, J. – 1. Leave granted.

2. The appellants (hereinafter referred to as "the accused" by their respective names) question the legality of the judgment of the Madhya Pradesh High Court dated 18.4.2001, upholding their conviction for offences punishable under sections 148 and 302 read with section- 149 of the Indian Penal Code, 1860 (in short "IPC") and the sentence of rigorous imprisonment for three years and fine of Rs. 2,000/- with default stipulation, and imprisonment for life and fine of Rs. 5,000/- with default stipulation respectively.

3. Factual scenario as described by the prosecution is essentially as follows:

Lekhram (PW 2) and Gopal (hereinafter referred to as "the deceased") were sons of Ramlal (PW 1). Accused Ghapoo Yadav is the father of accused Janku, Kewal and Mangal Singh. Accused Sunder is the nephew of accused Ghapoo. The deceased, the witnesses and the accused belonged to the same village and there was land dispute between them. On a request made by Ramlal (PW 1), measurement of the land was done by the Revenue Authority. On the basis of the said measurement, it was found that land belonging to accused Mangal Singh was in the possession of Ramlal









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