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2023 Supreme(MP) 821

PRAKASH CHANDRA GUPTA
Akash S/o Raju Ratnakar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Manish Kumar Sharma, Gajendra Sharma, Mahendra Singh Gurjar.
For the Respondent: Bhagyashree Gupta.

JUDGMENT :

PRAKASH CHANDRA GUPTA, J.

1. These appeals have been filed by the appellants/accused persons u/s 374 (2) of the Code of Criminal Procedure, 1973, arising out of common judgment dated 02.03.2020 passed by the Additional Sessions Judge (Special Court, Electricity Act), Indore, in S.T. No. 178/2018, whereby the appellants/accused persons have been convicted u/s 364/34, 307/34 and 201/34 of IPC and sentenced each of them to undergo RI for 10 years with fine of Rs. 1,000/- RI for 10 years with fine of Rs. 1,000/- and RI for 03 years with fine of Rs. 1,000/- respectively with default stipulations.

2. Facts of the prosecution case in brief are that Mohit (PW-1) has two sons, injured Mridul (PW-2) is elder and Gurvinder (PW-3) is the younger. Mridul (PW-2) and Gurvinder (PW-3) used to study and live in 208, Clerk Colony, Indore in a rented room. Their room partner was Sourabh Sen (PW-5). There was friendship between Anjali and injured Mridul (PW-2). Rahul Ratnakar (PW-9) is the elder brother of appellant Akash. Appellant Piyush @ Rohit Pareta is relative and appellant Vijay is friend of appellant Akash. Gurvinder (PW-3) had gone back to his house as his exams were over. On 07.01.20

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