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2016 Supreme(MP) 699

N.K.GUPTA, VIVEK AGARWAL
State of Madhya Pradesh – Appellant
Versus
Anil – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri B.K. Sharma, Public Prosecutor
For the Respondent:Shri Rajeev Sharma, Advocate

JUDGMENT :

N.K. Gupta, J.

1. Since for confirmation of death sentence, a reference has been made by the Additional Sessions Judge, Ambah, District Morena (M.P.) relating to judgment dated 01.07.2015 passed in Sessions Trial No.143/2014 and the appellant/accused has also filed a Criminal Appeal against the conviction and sentence, both the matters are hereby decided by the present common judgment.

2. Vide judgment dated 01.07.2015, the Additional Sessions Judge, Ambah, District Morena (M.P.) in Sessions Trial No.143/2014 convicted the appellant Anil for the offence under Section 302 (two count charges) of IPC and sentenced with death sentence, the trial court has preferred the present reference for confirmation of death sentence.

3. Being aggrieved by the aforesaid judgment, the appellant- Anil has filed the appeal challenging the conviction and sentence passed by the trial court.

4. Facts of the case, in short, are that Rajveer Sakhwar (PW-7), father of the deceased Manisha, had lodged the FIR Ex.P.-11 on 06.02.2014 at about 06:30 am at police station Sihoniya that on 05.02.2014 he along with his brother-in-law, namely, Brajkishore and one Vishram (PW- 8) went to the house of the appell


























































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