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2020 Supreme(MP) 1185

S.K.AWASTHI
Rakesh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellant : Girish Desai, Learned Counsel
For the Respondents: R.S. Darbar, Learned Public Prosecutor

JUDGMENT :

S.K. Awasthi, J.

1. This appeal takes exception to judgment dated 06.05.2014 passed by Sessions 43. 45. Judge, Indore in Sessions Trial No. 642/2014 by which, appellant came to be convicted for the offence punishable under Section 302 of Indian Penal Code (in short 'IPC') and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/- in default to suffer rigorous imprisonment for six months.

2. The prosecution case in short is that on 12.01.2010 at about 13.15 hours Wasim, the Manager of Dilip lodge, 3 Nyasiya Road Indore made a complaint to station house officer Police Station Chhoti gwaltoli, Indore contending that on 08.01.2010 two persons visited the hotel and registered themselves as Ritesh Sharma S/o Ramesh Sharma, aged about 23 years, R/o Station Road, Neemuch and Rohit aged about 23 years. They booked one room of the hotel at a rent of Rs. 100/- per day and gave an advance of Rs. 200/-. They were allotted room No. 13 of the hotel. Next day, on 09.01.2010, room was found locked. Thereafter on 12.01.2010, foul smell emanated from the said room. The door of the room was locked from the outside, therefore he broke the lock and opened the room,

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