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2011 Supreme(MP) 1439

A.K.SHRIVASTAVA
SHABIR – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shekhar Shrivastava,Gaurav Shrivastava
For the Respondent: Kshitij Vyas

JUDGMENT :

1. Judgment passed in this appeal shall also govern the disposal of connected Criminal Appeals No. 1057/1996 (Ramprasad vs. State of M. P.) and 1068/1996 (Dinesh vs. State of M. P.) since they have arisen from the common judgment of conviction and order of sentence.

2. Feeling aggrieved by the judgment of conviction and order of sentence dated 5-12-1996 passed by learned Additional Sessions Judge, Agar, District Shajapur in Sessions Trial No. 137/1985 convicting the appellants under sections 395 and 450, Indian Penal Code and thereby sentencing them to suffer R.I. of four years and three years respectively apart from the fine and the defaulting clause mentioned in the impugned judgment, the appellants have knocked the doors of this Court by preferring this appeal under section 374(2) of the Code of Criminal Procedure, 1973.

3. No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that on the report lodged by Ramchandra Soni a case was registered against the appellants under sections 457 and 380, Indian Penal Code, but, later on it was altered to sections 450 and 395 Indian Penal Code. After the stolen arti

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