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2002 Supreme(MP) 650

S.S.JHA
Surendra – Appellant
Versus
State of M. P. – Respondent


Advocates:
Vilas Tikhe for appellants; S.M.A. Naqvi, Addl. Govt. Advocate for State.

JUDGMENT

Appellant Surendra Singh was prosecuted for an offence under section 307 and 332 IPC and other appellants were prosecuted for an offence under section 307 read with section 34 and 332 IPC. The trial Court convicted appellant Surendra Singh and remaining appellants for an offence under section 332 IPC and remaining appellants for an offence under section 353 IPC.

According to prosecution on 4.8.1991 head constable Ram Kishan (PW 9) alongwith constable Sunil Kumar (PW 10) and Ramesh Kumar (PW 13) had gone for investigation in Crime No. 95/91 for an offence under section 341, 506B/34 IPC. While searching the accused they reached bus stand of My ana. At the bus stand they met Hariom, Mahendra Surendra, Shyam and Ramswaroop. Constable Ramesh arrested Hariom and Surendra. Surendra with an intention to cause death has stabbed Ramesh on the right side of his chest. Head constable Ram Kishan caught Hariom, then Hariom assaulted him on the underarm of the right hand by stabbing a knife. Mahendra, Shyam and Ramswaroop have beaten Ramesh and they have taken away Hariom and Surendra from the custody of police officer. FIR was lodged by constable Ramesh Kumar at police station M








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