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2022 Supreme(MP) 595

SUJOY PAUL, PRAKASH CHANDRA GUPTA
GAURAV S/o SUDHIR KUMAR PANDEY – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


JUDGMENT SUJOY PAUL, J. : – These appeals filed under section 374 of the Code of Criminal Procedure, 1973 (In short “Cr.P.C) take exception to the judgment dated 10-12-2015 passed by III Additional Sessions Judge, Bhopal in Sessions Trial No. 258/2011 whereby appellants were held guilty for committing offence under section 302 of INDIAN PENAL CODE and directed to undergo life imprisonment with fine of Rs. 20,000/- with default stipulation. In addition, appellant Trayambak was held guilty for committing offence under section 380 of INDIAN PENAL CODE for which sentence of two years (R.I.) and Rs. 5000/- was imposed as fine. Both the punishments were directed to run concurrently.

Factual Background : – 2. In short, the story of prosecution is that on 17-1-2011 in Police Station Shahpura, complainant Umesh Saxena lodged a report that he received a phone call at about 2:15 A.M. from her sister-in-law Rani @ Shrutikirti that her father-in-law has been murdered. Complainant Umesh Saxena along with his wife Shashikirti rushed to his father-in-law Bishan Narayan Saxena’s house B-155 Shahpur, Bhopal at around 3:00 A.M.

3. The complainant found that deceased is lying on a chair/sofa and t

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