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2011 Supreme(MP) 1028

RAKESH SAKSENA, T.K.KAUSHAL
In Ref. : Received from Additional Sessions Judge, Singrauli – Appellant
Versus
Santosh Kumar Singh ; State of M. P. – Respondent


Advocates Appeared:
Mr. Vijay Pandey, Dy. Advocate General for the Respondent., Mr. S.C. Datt, Sr. Advocate and Mr. Siddharth Datt, Advocate with him for the Appellant, Mr. S.C. Datt, Sr. Advocate and Mr. Siddharth Datt, Advocate with him for the Respondent., Mr. Vijay Pandey, Dy. Advocate General for the State/Appellant

JUDGMENT : 

Rakesh Saksena, J.

Since both the above cases arise out of the common impugned judgment passed by the Trial Court, this judgment shall govern the disposal of both the cases.

1. Appellant has filed Criminal Appeal No. 48/2011 against the judgment dated 23-12-2010, passed by the Additional Sessions Judge, Singrauli, in Sessions Trial No. 351/2010, convicting him under Section 302 of the Indian Penal Code on two counts and sentencing him to death. Appellant has also been convicted under Section 307 of the Indian Penal Code on two counts, Sections 394 and 397 of the Indian Penal Code on four counts and Section 450 of the Indian Penal Code and sentenced to imprisonment for life with fine of Rs. 10,000/-, rigorous imprisonment for 10 years with fine of Rs. 5000/- and rigorous imprisonment for 10 years with fine of Rs. 5000/-, on each count respectively. Sentences of imprisonment have been directed to run concurrent.

2. Since appellant has been awarded penalty of death sentence, learned Additional Sessions Judge has made reference (Criminal Reference No. 4/2010) for confirmation of the said sentence under Section 366 (1) of the Code of Criminal Procedure.

3. In short, the prosecut

























































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