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2023 Supreme(MP) 371

PRAKASH CHANDRA GUPTA
Lalit Kumar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Ms. Seema Sharma for appellants;
Vishal Sanothiya, Government Advocate for respondent/State.

JUDGEMENT

Gupta, J. -- 1. This appeal has been filed by the appellants/accused persons u/S 374 (2) of the Code Of Criminal Procedure, 1973, being aggrieved by the judgement of conviction and order of sentence dated 20.1.1999 passed by the Additional Sessions Judge, Jaora, District Ratlam in S.T. No.59/1994, whereby learned trial Court has convicted the appellants u/S 498-A and 304-B of IPC and sentenced each of them to undergo RI for 02 years and RI for 10 years with fine of Rs.500/- and Rs.1,000/- each with default stipulations of RI for 02 months and RI for 04 months respectively. Both the sentences are to run concurrently.

2. During pending of this appeal, appellant No.2 – Kanhaiyalal has died on 25.8.2007 therefore, appeal against him has been abated.

3. It is an admitted fact that the appellants - Lalit Kumar and Ashok @ Yeshwant Kumar Jain are real brothers and they are sons of Kanhaiyalal. The appellants are residents of Laxmibai Road, Jaora, District Ratlam. Kanakmal (PW-1) and Shantibai (PW-2) are parents and Prakash (PW-3) is brother of deceased Jyoti @ Sangeeta. The deceased Arun was son of deceased Jyoti. Parents and brother of the deceased are residents of village Jhuta

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