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2022 Supreme(MP) 1312

ROHIT ARYA, MILIND RAMESH PHADKE
Naresh Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri A.K. Jain - Advocate., for the Appellant; Ms. Anjali Gyanani- Government Advocate., for the Respondent

JUDGMENT

1. The present appeal had been directed against the judgment of conviction and order of sentence dated 04/12/2014 passed in Sessions Trial No.127/2010 by Additional Sessions Judge, Seondha, District Datia, whereby the appellant had been convicted under section 302 IPC and had been sentenced to undergo life imprisonment with a fine of Rs.1, 000/- and in the event of default in depositing the fine amount had to undergo a further period of 1 year.

2. The case of the prosecution in nutshell is that on 29/05/2010 complainant Ramsakhi lodged a report with Police Station Indergarh that in between 7:00- 8:00 a.m., when she was preparing food and her husband, deceased Sanman, along with one Naresh and Munna were sitting in front of the house, she heard a shout that someone had shot her husband Sanman. Hearing it she ran outside and found her husband being picked up and shifted to tractor trolly of Naresh. She also sat in the trolly, where she was told by her husband Sanman that he had been shot by Shishupal Yadav on his right thigh, but before they could reach the Police Station, Sanman became unconcious. On the behest of Ramsakhi, at Police Station Indergarh, F.I.R. was recorded at

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