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2022 Supreme(MP) 799

SUBODH ABHYANKAR, SATYENDRA KUMAR SINGH
Deepak S/o Shri Krishnarao Kadam And Othres – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Ashish Gupta, Advocate, for the Appellant; Smt. Mamta Shandilya, Government Advocate, for the Respondent

JUDGMENT

Subodh Abhyankar, J. - This appeal under Section 374 (1) of the Code of Criminal Procedure, 1973 has been filed by the appellants being aggrieved of their conviction and sentence.

1. The appellants stand convicted by the impugned judgment dated 08.01.2014, passed by the learned Special Judge, Barwani District Barwani (MP) in Sessions Trial No.48/2010, whereby, while holding the present appellants guilty, the learned Judge of the trail court has sentenced them, as mentioned herein below: -

Accused

Conviction

Sentence

Fine Amount

Sentence in default of payment of fine

Deepak s/o Krishnarao Kadam

302 of IPC

Life Imprisonment

Rs.5,000/-

3 months SI

 

25 (1-B) (a) of Arms Act

1 year RI

Rs.1,000/-

3 months SI

Mahesh s/o Heeralal Rajput

302 of IPC

Life Imprisonment

Rs.5,000/-

3 months SI

Motilal s/o Ramesh Bheel

302 of IPC 25 (1-B) (a) of Arms Act

Life Imprisonment 1 year RI

Rs.5,000/- Rs.1,000/-

3 months SI 3 months SI

2. In brief, the facts giving rise to the present appeal are that on 12.12.2009, deceased Head Constable Sajjan Mishra was attached to Police Station Anjad, District Barwani (MP) for the purposes of investigation in connection with Crime No.207/2009 registered under Section 394 of Indian Pen

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