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2022 Supreme(MP) 914

GURPAL SINGH AHLUWALIA, RAJEEV KUMAR SHRIVASTAVA
Chandrabhan – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri S.S. Kushwah - Advocate, Shri R. K.S. Kushwah - Advocate, for the Appellant; Shri C. P. Singh-Public Prosecutor, for the Respondent

Table of Content
1. conviction details and background. (Para 1 , 2 , 3 , 4)
2. accused's denial and defense presented. (Para 5)
3. arguments by appellants and state. (Para 6 , 7)
4. interpretation of ipc sections relevant to culpable homicide. (Para 8 , 12 , 14 , 15 , 28)
5. determination of murder vs. culpable homicide. (Para 10 , 11 , 19 , 23 , 24)
6. clarification of mens rea in homicide cases. (Para 13 , 16)
7. common object in unlawful assembly. (Para 30 , 32)
8. final verdict and dismissal of appeals. (Para 36 , 51)

JUDGMENT

Rajeev Kumar Shrivastava, J. - This common judgment shall also govern disposal of Criminal Appeal No.102 of 2012 filed by appellants Ravi & Santosh and Criminal Appeal No.160 of 2012 filed by appellants Ashish and Ramprakash. Since the facts and circumstances of all the criminal appeals are the same, therefore, for the sake of convenience, they are heard simultaneously.

2. Being dissatisfied with the impugned judgment of conviction and sentence dated 16-12-2021 passed by Special and Additional Sessions Judge, Datia (MP) in Sessions Trial No.1 of 2007, the presen

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