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2023 Supreme(MP) 69

ROHIT ARYA, SATYENDRA KUMAR SINGH
Kailash – Appellant
Versus
State of M. P. – Respondent


JUDGMENT

1. The appellant has preferred this appeal under section 374 of the Code of Criminal Procedure, 1973 (for brevity “Cr.P.C.”) against the judgment dated 21.3.2001, passed by the Court of First Additional Sessions Judge, Bhind (M.P.) in S.T. No.273/1999, whereby the appellant has been convicted under section 364 (A) of the Indian Penal Code (for brevity “IPC”) and sentenced to undergo life imprisonment with fine of Rs.500/-, in default to suffer further six months' rigorous imprisonment.

2. The prosecution case in brief is as follows:

(i) The appellant Kailash and the complainant Ranveer Singh were known to each other. The appellant used to visit complainant's house, situated back to Army Rest House, Bhind. On the date of incident i.e. 6.4.1999 at about 14.00 hours, appellant came to complainant's house and on the pretext of providing labourer from his village for harvesting wheat crops, took complainant's son Dinesh @ Chhotelal along with him. After about 4-5 days when Dinesh did not return back to home, the complainant went to village Kisupura, where his agricultural land was situated, and inquired about his son Dinesh. He was informed by his family members that Dinesh had n

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