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2013 Supreme(MP) 619

S.R.WAGHMARE
Amardeep – Appellant
Versus
State of M. P. – Respondent


Advocates:
Aanand Soni for appellants;
Raghuveer Singh Chouhan, Government Advocate for respondent/State.

JUDGMENT

1. By this appeal under section 374 of the CrPC filed the accused-appellants have challenged the judgment dated 30.11.2011 passed by VI Additional Sessions Judge (Fast Track) Ujjain, in Sessions Trial No.297/2010 convicting the accused-appellants for offence under section 307 of the IPC and sentencing him to seven years rigorous imprisonment with fine of Rs.2,500/- and in default of payment of fine he was to undergo additional sentence of six months. The accused was convicted for offence under section 25-1(1B)(A), Arms Act and he was sentenced to one year rigorous imprisonment with fine of Rs.500/- and in default of payment of fine he was to undergo additional sentence of three months.

2. Brief facts of the prosecution case are that complainant Narendra and Sadanand Pasi recorded the dehati nalishi that they were residing at Jabaran Colony under jurisdiction of Police Station Neelganga. When he was going by motorcycle at 10:00 a.m. in the morning on 14.10.2010, near the Gadhapuliya towards Dewasgate he was accosted by present appellants Amardeep and Deepak, who were accompanied by 3 and 4 peoples on motorcycle. Due to previous enmity the complainant was afraid, and speeded u














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