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2009 Supreme(MP) 515

S.L.KOCHAR, S.A.NAQVI
Kalu Singh – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sushri Sonali Gupta, L.N. Soni and Himanshu Thakur for appellants; G. Desai, Dy. Advocate General for State.

JUDGMENT

Kochar, J.--l. Since all the aforesaid five appeals arise out of one and the same judgment, they are decided by this common judgment.

2. The appellants/accused persons stood convicted under Sections 396, 397 and 460 of the Indian Penal Code and each is sentenced to suffer imprisonment for life and fine of Rs. 1,000/-, RI. for seven years and fine of Rs. 500/- and RI. for ten years and fine of Rs. 500/- respectively and in default of payment of fine to suffer additional RI. for one year each. All the substantive jail sentences have been directed to run concurrently. Vide judgment dated 10.02.2003 passed by the learned 1st. Add 1. Sessions Judge, Barwani in Sessions Trial No. 103/2002. Aggrieved by this judgment of conviction and order of sentence, the appellants have preferred these appeals under Section 374 of the Code of Criminal Procedure.

3. Laconically the prosecution case as placed before the trial Court is that on 16.12.2001, in the night at 11.00 p.m., complainant PW-1 Jakiabai was sleeping along with her family members inside her house. One unknown person pulled her quilt because of which she woke up and in the electric light, saw a person standing who threatene















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