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2022 Supreme(MP) 75

G.S.AHLUWALIA, DEEPAK KUMAR AGARWAL
Rambabu – Appellant
Versus
State of M. P. – Respondent


Advocates:
R.K.S. Kushwaha and N.P. Dwivedi with Gagan Sharma for appellants; C.P. Singh for respondent/State;
M.K. Chaudhary for complainant.

JUDGMENT

Ahluwalia J. -- 1. Cr.A. No. 724 of 2010 has been filed by Rambabu, Pola @ Jainarayan and Kailash, Cr.A. No. 764 of 2010 has been filed by Halkai and Rakesh, and Cr.A. No. 770 of 2010 has been filed by Atmaram, Batol @ Makhanlal, Pappu @ Sitaram, Sanjeev, Mahesh, Rajesh and Dinesh. The Appellants Raju and Jagmohan have died during the pendency of the appeal and therefore, their appeals have already been dismissed as abated.

2. All the three appeals have been filed under section 374 of Cr.P.C. against the Judgment and Sentence dated 31st -Aug-2010 passed by 1st Additional Judge to the Court of Additional Sessions Judge, Sironj, Distt. Vidisha in S.T. No. 167 of 2005, by which the Appellants have been convicted under section 148,302/149 of I.P.C. and have been sentenced to undergo 1 year R.I. for offence under section 148 of IPC and for Life Imprisonment and a fine of Rs. 5000/- with default imprisonment of 3 months R.I. for offence under section 302/149 of IPC.

3. The prosecution story in short is that on 13.6.2005 at about 18:30, the complainant Datar Singh lodged a Dehati Nalishi alleging that in the afternoon, Babulal Sharma was beaten on account of old enmity and therefo

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