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2012 Supreme(MP) 1266

RAKESH SAKSENA, T.K.KAUSHAL
Sugram S/O Rajan – Appellant
Versus
State Of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N. K. Mishra
For the Respondent: Amit Pandey

JUDGMENT :

This appeal has been preferred against judgment dated 11-9-2000 passed by Second Additional Sessions Judge, Burhanpur, the then District Khandwa (M.P.) in Sessions Trial No. 92/99 convicting the appellants under section 302/34 of Indian Penal Code for committing murder of Jamsingh (since deceased) and sentencing them with life imprisonment and with fine of Rs. 20,000/-. Appellants have been further convicted under section 427 of Indian Penal Code for destroying hut of deceased and sentencing them with fine of Rs. 1,000/-.

2. Facts of the case, in short, are that on 27-2-1999 at about 6:30 p.m. appellants reached to the house of the deceased and started destroying it. With a view to escape, deceased ran away from the house. Subaram, son of the deceased (PW-3) informed the incident to his neighbouring brother Kashiram (PW-1). Appellants chased and drove away the deceased towards the house of Premla (PW-4). Appellant No. 2 dealt a lathi blow to the deceased whereby deceased fell down on the ground. Appellant No. l aimed bow and arrow at the deceased and shot the arrow in his left eye and repeated another arrow on the chest of the deceased. PW-1 and PW-3 saw the incident from

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