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2017 Supreme(MP) 805

R.S.JHA, NANDITA DUBEY
Ramvishwas Patel @ Balua – Appellant
Versus
State of M. P. – Respondent


Advocates:
Dilip Parihar, Amicus Curiae for appellant;
Ajay Shukla, Government Advocate for respondent/State.

JUDGMENT

Jha, J. -- 1. Both these appeals arise out of the same incident and are, therefore, heard and decided concomitantly by this common judgment.

2. These appeals have been filed by the appellants being aggrieved by judgment dated 19.7.2006 passed by the First Additional Sessions Judge, Satna in S.T. No. 19/2005 by which the trial Court has held the appellants guilty of an offence punishable under section 302 of the Indian Penal Code and sentenced them to undergo life imprisonment.

3. The prosecution case, in brief, is that the appellants committed the murder of the deceased Shri Krishna on 10.11.2004 at about 4.00 p.m. by assaulting him with a Lathi/stick and inflicting injuries on his head and face which resulted in fracture of the frontal bone as well as maxillary bone, breaking of teeth and haemorrhage.

4. According to the prosecution, on 10.11.2004 when the deceased along with his wife (PW1) Sukhmanti was returning to the village by a country road through the field on a motor cycle bearing registration No. MP-19 4814 (Suzuki Max R-100), he asked (PW1) Sukhmanti, who was travelling along with him as a pillion rider, to get-off the motor cycle as the country road was bad and w






























































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