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G. S. AHLUWALIA, DEEPAK KUMAR AGARWAL
Monu Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. common appeals and context of co-accused. (Para 1 , 2 , 3) |
| 2. background of the case and incident details. (Para 4 , 5 , 6) |
| 3. defendants' counsel argues on witness credibility. (Para 11 , 12 , 56) |
| 4. questioning eyewitness reliability and allegations. (Para 20 , 21 , 33 , 39) |
| 5. final judgment on acquittals and convictions. (Para 119 , 120) |
JUDGMENT
G.S. Ahluwalia J. - By this common Judgment, Cr.A.s No. 938 of 2010, filed by Monu Sharma and Sonu Sharma, Cr.A. No. 940 of 2010 filed by Kamlesh, Pejram and Mahesh @ Pappu and Cr.A. No. 1031 of 2010 filed by Rajesh shall be decided.
2. It is not out of place to mention here that co-accused Kallu @ Brajesh Sharma, was absconding and was arrested at a later stage and was tried separately. He too has filed his Cr.A. No. 710/2012, and the said appeal has also been heard simultaneously. However, the said appeal shall be decided by separate Judgment, as evidence led in the Trial of the co-accused has to be appreciated independently. It is also not out of place to mention here that co-accused Bablesh was also convicted and had filed Cr.A.No. 951/2010, but he died during the pendency of the appeal and accordingly, by order dated 1
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