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2009 Supreme(MP) 1374

S.L.KOCHAR, MANJUSHA P.NAMJOSHI
STATE OF M. P. – Appellant
Versus
PADAMNATH s/o DHANNANATH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G. Desai
For the Respondent: Gopal Hardia

JUDGMENT :

S. L. KOCHAR, J.

1. This Judgment shall also govern the disposal of Criminal Appeal No. 1221/2006 filed by the appellants/accused through Legal Aid against the impugned judgment and order of conviction and sentence.

2. The learned II Addl. Sessions Judge, Ujjain/trial Court submitted the Criminal Death Reference No. 2/2006 for confirmation of death sentence passed by the impugned judgment and order in Sessions Trial No. 318/2004 decided on 26-9-2006 whereby the learned Judge has convicted Padamnath s/o Dhannanath, Guddunath s/o Bejnath and Dharmendra s/o Heeranath under section 396 of the Indian Penal Code and sentenced to death. The learned Judge had also convicted all the seven appellants under section 395 read with sections 397, 398 of the Indian Penal Code, sentenced to RI for life with fine of Rs. 1,000/-. All the appellants were further convicted under section 460 of the Indian Penal Code, sentenced to RI for 10 years and fine of Rs. 1,000/-. In default of payment of fine every appellant shall undergo six months RI under each count. However the substantive jail sentences were directed to run concurrently. Appellants/accused persons have also filed Criminal Appeal No.

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