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1992 Supreme(MP) 616

V.D.GYANI, A.R.TIWARI
Laxmi Narayan – Appellant
Versus
State of M. P. – Respondent


Advocates:
Ashok Chauhan for appellants; G. S. Chauhan for State.

JUDGMENT

This appeal arises out of the Judgment dated 25th August, 1987 delivered by the Second Additional Sessions judge, Ratlam in S.T.No.68 of 85 thereby holding the appellants guilty of offence punishable under S. 302 read with S.34 I.P .C. and sentencing them to imprisonment for life with fine of Rs.1,000/- each and in default of payment of fine, further sentencing the appellants to undergo R.I. for one year.

The appellant No.3 Kaniram s/o Tekaji died during the pendency of this appeal.

The prosecution case, stated in brief, was that on 25th April, 1985 around 9 p.m. the appellants took away with them deceased Ranchhod under the pretext of offering him a cup of tea to a dilapidated house. Where he was offered tea and it is alleged that it was mixed with some poison. Having offered tea the accused persons left the place leaving behind Ranchhod. He was found lying there by witness Ganpatlal (P.W.11) who informed his relations. Vishram (P.W. 10) brother of Ranchhod came there and took him home. Dr. Garg from Bilpak was called, who gave two injections to Ranchhod. Thereafter he was rushed to P.H.C.Bilpak wherefrom he was transferred to the Civil Hospital, Ratlam. It was the







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