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2017 Supreme(MP) 1191

HEMANT GUPTA, VIJAY KUMAR SHUKLA
SUKHENDRA SINGH s/o NIRANJAN SINGH GHOSH – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anand Nayak
For the Respondent: Smt. Namrata Agarwal

JUDGMENT :

HEMANT GUPTA, CJ.

1. Challenge in the present appeal is to an order passed by the learned First Additional Sessions Judge, Satna (M.P.) in Sessions Trial No. 75/2003 on 14-11-2005 convicting the appellant for an offence punishable under section 302 of Indian Penal Code and vide separate order convicting him to undergo life imprisonment and to pay a fine of Rs. 1000/-; in default of payment of fine, the appellant was ordered to undergo rigorous imprisonment for another six months. The appellant was also convicted for an offence under section 25(1)(b) and (a) of the Arms Act and sentenced to undergo rigorous imprisonment for a period of three years and a fine of Rs. 1,000/-; in default of payment of fine, he was to undergo another rigorous imprisonment of six months.

2. The prosecution case was set in motion on the statement (Ex.P-2) of Satish Kumar Chourasiya alias Rajni Chourasiya s/o Daulat Ram Chourasiya made to Shri A.P. Singh, Station House Officer, Police Station, Uchehara, District Satna on 3-10-2002 at about 11 p.m. On the basis of such statement, FIR (Ex.P-1) was lodged. He stated that he stays in village Ichaul in Atta Chakki (flour mill). On 3-10-2002 at about 4 p

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