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2002 Supreme(MP) 892

DORAISWAMY RAJU, SHIVARAJ V.PATIL
Ashish Batham – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sushil Kumar with Adolf Mathew and Sanjay Jain for appellant;
Siddartha Dave and Ms. Vibha Datta Makhija for respondent. .

ORDER

Raju, J. -- 1. The above appeal has been filed by the appellant who was convicted by the learned Sessions Judge, Shajapur, Madhya Pradesh, for the offence under section 302, IPC (on two counts) on the ground that he killed Ms. Nidhi and Ms. Priti, the daughters or Dr. Ram Avtar Mudgal (PW 2), and sentenced to death and imposition of life imprisonment for the offence under section 449, IPC for committing house trespass to commit the said murders. The appeal filed by the appellant herein before the High Court in Criminal Appeal No. 763 of 2001 and the reference made to the High Court for confirmation in Death Reference No.1 of 2001 came to be heard together by a Division Bench of the Madhya Pradesh High Court, Indore bench, and while sustaining the conviction under sections 302, IPC and 449 IPC, the High Court altered and reduced the sentence to imprisonment of life by making the sentence to run concurrently. The present appeal is against the same.

2. The case of the prosecution, as unfolded from the evidence, is that Dr. Ram Avtar Mudgal (PW 2), a dental practitioner at Shajapur, father of the two unfortunate victims; was residing in Government quarters situated near "Nai Sadak"



























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