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2022 Supreme(MP) 852

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


Advocates Appeared:
Shri J.P. Mishra -Advocate, for the Appellant; Shri Rajeev Upadhyay, Public Prosecutor, for the Respondent

JUDGMENT

Rajeev Kumar Shrivastava, J. - The present appeal has been preferred by appellant challenging the judgment of conviction and sentence dated 30- 11-2011 passed by Second Additional Sessions Judge, Vidisha (MP) in Sessions Trial No.333 of 2010, whereby appellant has been convicted u/S 302 of IPC and sentenced to undergo rigorous life imprisonment with fine of Rs.1,000/-, with default stipulation.

2. Prosecution case, in short, is that complainant Jitendra Kumar (PW1) lodged a report at Police Station Kurwai, District Vidisha on 25-08-2010 at around 23:30 hours stating therein that a previous enmity was going on with co-accused persons Parma, Asharam, Gulab and appellant Suresh in regard to murder of Kanchhedi Lal, father of appellant- accused Suresh and usually, a threat was given to him and his father Jamuna. On the date of alleged incident, appellant accused along with other co-accused persons started assaulting his father Jamuna by means of lathi and axe and an information was given by Makhan Singh (PW2) and thereafter, the complainant along with her mother & other persons, namely, Veer Singh, Makhan and Preetam reached the spot where they saw that all accused persons were

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