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2018 Supreme(MP) 235

HEMANT GUPTA, VIJAY KUMAR SHUKLA
Prem Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellants : Shri Anshul Tiwari
For the Respondents: Smt. Namrata Agrawal

JUDGMENT :

V.K. Shukla, J.

In the instant appeal, a challenge has been made to the order of conviction and sentence dated 20-01-2003, passed by Second Additional Sessions Judge, Sehore in S.T. No. 191/2002, whereby appellant nos.1 and 2 have been convicted under section 302/34 of IPC and sentenced to undergo imprisonment for life and fine of Rs.5,000/-, in default of fine to suffer further R.I. for 6 months and appellant no.3 has been convicted under Section 302 of IPC and sentenced to undergo imprisonment for life and fine of Rs.5,000/-, in default of fine to suffer further R.I. for 6 months

2. The case of the prosecution in short is that a dispute over land existed between the appellants and deceased Suraj Singh. At about 6.30 p.m. on 02-09-2002, the appellants accosted the deceased near the Sonar Chapra rivulet. It is alleged that appellants no. 1 and 2 caught hold of the deceased while appellant no.3 inflicted injuries with a knife by giving repeated blows. The incident was witnessed by two brothers of the deceased one Durga Prasad (PW-1) and another Gendalal (PW-2). Information was given to the Kotwar of the village by Man Singh (PW-3).Thereafter Durga Prasad went to the police s













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