G. S. AHLUWALIA, RAJEEV KUMAR SHRIVASTAVA
JHABBU S/o MOHAN SINGH BHADORIA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. : – The instant Criminal Appeal is preferred under section 374 of Criminal Procedure Code, against the judgment of conviction and sentence dated 22-3-2010 passed by Third Additional Sessions Judge, Bhind, District Bhind in Sessions Trial No. 212/2009, whereby appellant No. 1-Jhabbu has been convicted under section 302 of INDIAN PENAL CODE and sentenced to undergo life imprisonment with fine of Rs. 500/-, in default of payment of fine, to undergo RI for three months, and under section 25/27 of ARMS ACT , to undergo RI for three years with fine of Rs. 500/-, in default of payment of fine, to undergo rigorous imprisonment of three months and appellant No. 2-Kamal and appellant No. 3-Babloo have been convicted under section 302 read with section 34 of INDIAN PENAL CODE and sentenced to undergo life imprisonment with fine of Rs. 500/- each, in default of payment of fine, to undergo RI for three months each respectively.
2. The prosecution case in short is that on 28-8-2008 at around 12.30 pm in front of hotel of Kallu Batham Jail Road Bhind when complainant Ajeem Khan his elder brother Chanda Khan were sitting in the hotel of Kallu Batham, their
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Advocates appeared :For the Appellant : Ashok Kumar Jain For the Respondent : R. K. Awasthi
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
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