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2022 Supreme(MP) 891

SUJOY PAUL, DWARKA DHISH BANSAL
Sulabh Jain – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Anvesh Jain and Shri B.K. Upadhyay, Advocates, for the Appellant; Shri Pramod Thakre, Government Advocate, for the Respondent

JUDGMENT

Sujoy Paul, J. - In this appeal filed under Section 374 (2) of the Code of Criminal Procedure 1973, the appellant has called in question the legality, validity and propriety of the impugned judgment dated 6th January 2012, passed in S.T. No.383 of 2009, whereby he has been convicted for committing offence under Section 302 of IPC and Sections 25 and 27 of the ARMS ACT and directed to undergo the sentence of Life Imprisonment for committing offence of murder and three years RI relating to offence under the provisions of ARMS ACT with fine and default stipulation. The sentences were directed to run concurrently.

The factual backdrop :

2. As per prosecution story, the deceased, Princy Jain was residing in Room No.307 of Vindhshri Girls Hostel, M.P. Nagar, Zone-2, Bhopal.

She was a student of First Year in B.E.T. College. Basically, Princy Jain was a resident of Ganjbasoda. On 2.3.2009, at around 6.30 pm, she left the said hostel alongwith her friend Shefali Goel. They were going to attend computer coaching class in Zone -2, M.P. Nagar, Bhopal. When they entered a lane near Computer Class, the appellant Sulabh Jain came there with a bag and told Princy that she may do whatever she

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