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2009 Supreme(MP) 742

RAKESH SAKSENA
Hemraj Jain and Pannalal – Appellant
Versus
State of M. P. – Respondent


JUDGMENT

Rakesh Saksena, J.

1. This judgment shall govern disposal of both the above appeals, as both the appeals arise out of the common judgment passed by the Trial Court.

2. Appellants have filed these appeals against the judgment dated 9th December, 2002, passed by Additional Sessions Judge, Ashta District Sehore, in Sessions Trial No. 101/2000, convicting them under Section 304 of the Indian Penal Code.

3. Appellant Hemraj has been sentenced to Rigorous Imprisonment for ten years with fine of Rs. 2 lakhs and appellant Pannalal has been sentenced to Rigorous Imprisonment for two years with fine of Rs. 2 lakhs, with default stipulation. It has further been directed that on amount of fine being deposited, an amount of Rs. 4 lakhs shall be paid to heirs of deceased as compensation.

4. In short, the prosecution case is that on 18-1-2000 appellant Hemraj was working as Lineman and appellant Pannalal was working as Line Helper in the M.P. Electricity Board and were posted at Sub Station Siddikganj. At about 2.00 p.m. Pannalal informed Dhannalal Koshta, Junior Engineer that somebody was hanging on the 11 KV line of Jasmatghati. He was dead. Dhannalal went at the spot and found that it was














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