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2022 Supreme(MP) 1449

RAVI MALIMATH, DEEPAK KUMAR AGARWAL
Chandra Bhan & Four Others – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri J.P.Mishra & Shri Sushil Goswami, learned counsel for the appellants in Cri.A.No.662/2000, Shri D.R.Sharma & Shri Sushil Goswami, learned counsel for appellants in Cri.A.No.666/2000, for the Appellant; Shri C.P.Singh, learned Panel Lawyer for the respondent/State, for the Respondent

JUDGMENT

Deepak Kumar Agarwal, J. - This judgment shall govern the disposal of both the Criminal Appeals.

2. Both the Criminal Appeals have been preferred against the judgment dated 14.9.2000 passed by the 1st Additional Sessions Judge Ashoknagar, Distt. Guna, in S.T.No.99/1990 convicting the appellants under Sections 302/149, 147, 148 of IPC and sentencing them to undergo life imprisonment under Section 302/149 of IPC and one year's RI under Section 148 of IPC with a direction that both the sentences shall run concurrently.

3. Brief facts giving rise to the present case are that on 24.7.1989 at about 7 am Vrindawan and Lakhan along with their brother Ramgopal residents of village Janoda were going towards Ashoknagar for attending the Court. As soon as they reached near pond of Bamuriya, accused persons, who were hiding themselves in the heap of soil nearby, came out and tried to surround them.

Thereafter they tried to run away towards village Bijauli, but after some distance accused persons caught hold of them and asked Vrindawan and Lakhan to run away if they want to save themselves. Vrindawan requested the accused persons to leave Ramgopal, then accused Rajkumar slapped him. Thereaf

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