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2024 Supreme(MP) 779

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRAKASH CHANDRA GUPTA
Shankarsingh – Appellant
Versus
State Of M.P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Aman Mourya - Advocate
For the Respondent: Shri Hemant Sharma

JUDGMENT :

PRAKASH CHANDRA GUPTA, J.

All the appeals arise out of the common judgment dated 22.10.1999 passed by the Additional Sessions Judge and Special Judge, Indore, in S.T. No.458/1995, by which the appellants/accused persons Kailash and Prakash have been convicted u/s 307 of IPC and were sentenced to 7 years of R.I. with fine of Rs.2,000/- each. Appellant Shankar Singh has been convicted u/s 307 r/w 34 of IPC and sentenced to 5 years of R.I. and fine of Rs.1,000/-, with default stipulation.

2. Facts of the prosecution case in brief are that there was some monetary dispute between injured Ajay (PW-1) and accused persons Prakash and due to the same, on 08.06.1995, at around 11:30 PM, when the accused persons Kailash, Prakash and Shankar Singh came to the house of the injured, they took him out for a walk. When they reached at the spot, the accused Shankar caught hold both the hands of the injured. Accused persons Kailash and Prakash assaulted the injured by means of Gupti and knife with intent to kill him. The injured sustained several injuries on his body parts. He raised alarm for his rescue. Then, Chotu (PW-8) and Sajay (PW-9) came at the spot. Thereafter, the accused persons f

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