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2024 Supreme(MP) 700

ANAND PATHAK, HIRDESH
Jeetu – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
R. K. Sharma assisted by Brajesh Tyagi, Abhijeet Singh Tomar
and Ms. Bhavya Sharma for appellants; Pooran Kulshrestha, Additional Advocate General for respondent/State; Prem Singh Bhadauria for complainant.

ORDER

Hirdesh, J -- 1. Being dissatisfied with the judgment of conviction and order of sentence dated 10th of March, 2016 passed by Additional Sessions Judge, Lahar, Distinct Bhind (M.P.) in Sessions Trial No.192 of 2015 whereby, the appellants have been convicted under section 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.25,000/- each, in default to suffer rigorous imprisonment for two years.

2. Briefly stated, the prosecution case is that on 9.4.2015, 13th day ritual meals were being served in the house of one Rashik Bihari Kaurav in Village Bidra due to sad demise of his brother Janak Singh. Uttam Singh Kaurav (since deceased) was sitting in the Courtyard of one Sitaram. At that time, everyone was going to attend the said ritual meals. Accused-appellants Jeetu and Awadhesh started quarreling with the relatives of Rakesh Singh Kaurav. Uttam Singh intervened and asked appellants not to indulge in fight on which, accused Jeetu and Awadhesh hurled filthy abuses at him. Thereafter, Jeetu took out his country-made pistol and with an intention to kill, fired at Uttam Singh, hitting his right jaw, as a result of which, Uttam Singh fell down. It is also alleg

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