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1994 Supreme(MP) 81

P.N.S.CHOUHAN, D.K.JAIN
State of M. P. – Appellant
Versus
Sunder Singh – Respondent


Advocates:
Government Advocate for State; Rajendra Singh for respondents.

JUDGMENT

Respondents were acquitted vide Judgment dated 4.7.1984, in Sessions Trial No. 91 of 1982, of Damoh Sessions Division of charges for rioting, robbery and committing of murder of Ravishankar alias Tulsi on 5.4.1982 between Neemi and Fatehpur villages which is under challenge in this appeal filed by the State.

Two of the respondents, namely, Munna alias Krishankumar son of Kaniya Garg respondent No.5 and Gulabsingh son of Lakhansingh Thakur respondent No. 10 died during the pendency of this appeal and the appeal abated against them.

The story is that on 2.4.1982 Ravishankar had gone to village Soti with money to solemnize the function of fall an of his sister. It appears that the ceremony did not take place for some reason. On 5.4.1982 he was returning with money to his village Neemi. He alighted from the bus at Fatehpur bus stand and was proceeding to his village on foot. When he was in the vicinity of village Kheri near the field of Gulabsingh he sighted the respondents standing in a group armed with various weapons like ballam, lathi, etc. He did not suspect any foul play. No sooner he reached near them he was assaulted by Ramkumar, Ramgopal, Suraj and Sunder



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