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2011 Supreme(MP) 1429

RAKESH SAKSENA, T.K.KAUSHAL
JUHUR s/o RASOOL BUX – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V. K. Lakhera,P. Parekh
For the Respondent: B. P. Pandey

JUDGMENT :

T. K. KAUSHAL, J.

1. Since, above two appeals arise out of common impugned judgment, this judgment shall govern disposal of aforesaid both the appeals.

2. These appeals have been directed against judgment dated 19-9-2001 passed by Additional Sessions Judge, Beohari, District Shahdol in S. T. No. 34/2001, convicting and sentencing the appellants as below :

Sr. No.

Conviction

Sentence

1.

Under section 302, Indian Penal Code for committing murders of Kodulal, aged about 70 years and his wife Sudhia Bai aged about 68 years.

Imprisonment for life and fine of Rs. 5000/-, in default 4 months R.I. (on two counts, to run consecutively)

2.

Under section 460, Indian Penal Code for committing lurking house trespass by night for committing murder and dacoity.

Imprisonment for life and fine of Rs. 5000/-, in default 4 months R.I.

3.

Under section 396, Indian Penal Code for committing dacoity with murder.

Imprisonment for life and fine of Rs. 10,000/-, in default 6 months R.I.

3. Facts, in short, are that on 23-11-2000 at about 6

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