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2022 Supreme(MP) 879

ROHIT ARYA, MILIND RAMESH PHADKE
Bablu Alias Babulal – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri S.S. Gautam - Advocate With Shri Devesh Sharma-Advocateappointed From Legal Aid As Counsel for Appellant, for the Appellant; Shri Rajesh Shukla - Deputy Advocate General, for the Respondent

JUDGMENT

Milind Ramesh Phadke, J. - The judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No.91/2001 (Raghunath @ Jagna Vs. State of Madhya Pradesh) since the connected appeal has arisen from the common judgment passed by the learned Trial Court.

2. Feeling aggrieved by the judgment of conviction and order of sentence dated 16.12.2000 passed by the Learned Additional Sessions Judge, Ashoknagar, District Guna, in Sessions Trial No.106/2000, convicting appellants of this appeal as well as appellants of connected Criminal Appeal No.91/2001 under Sections 302 /34 of IPC and thereby sentencing them to suffer life imprisonment, the appellants have preferred this appeal under Section 374 (2) of Code of Criminal Procedure, 1973.

3. In brief, the case of prosecution is that deceased Sanjeev Kumar was a student of Class Xth and used to go to Shadhora for his studies. Accused Jagna @ Raghunath, Babulal and witness (PW-2) Brijbhan were also studing with him. On 01.01.2000, when deceased Sanjeev Singh was going for taking tuitions at Shahdhora that on t

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