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2014 Supreme(MP) 686

AJIT SINGH, N.K.GUPTA
Bhura alias Balram Gurjar – Appellant
Versus
State of Madhya Pradesh – Respondent


JUDGMENT

N. K. Gupta, J.

The appellant has preferred the present appeal being aggrieved with the judgment dated 26.3.2012 passed by the learned 6th Additional Sessions Judge, Bhopal in Sessions Trial No.711/2010, whereby the appellant has been convicted and sentenced as under:

Section Act Sentence Fine amount Sentence in default of payment of fine 302 IPC Life imprisonment Rs.5,000/- R.I. for two - years.

201 IPC R.I. for three months Rs. 1,000/- R.I. for six years.

377 IPC R.I. for seven year. Rs. 3,000/- R.I. for one years.

All the sentences to run concurrently.

2. The prosecution's case in short is that on 13.9.2010 the deceased Golu @ Gopal S/o Hari Singh was residing with the complainant Ramesh Pal at village Bilkhiriya. The complainant Ramesh Pal was co-brother of Hari Singh. On 13.9.2010 at about 9:00 p.m., Golu @ Gopal went to see the procession of Ganesh festival and thereafter, he did not come back. Even on search, he could not be traced. On 14.9.2010 at about 6:30 a.m. Kailash vendor of tea came to the house of Ramesh Pal and informed that the dead body of the deceased Golu was lying in front of a house at Gwalbaba Road. The complainant went to the spot and found that dead body























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