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CHHATTISGARH HIGH COURT
A.M. Shaffique, J
Mohammad Iqbal v. The State of M.P.
| Table of Content |
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| 1. determination of the right of private defence against the established facts. (Para 1 , 6 , 10 , 12) |
| 2. nature of the altercation and subsequent actions of the appellant. (Para 2 , 3 , 4 , 5) |
| 3. legal implications of culpable homicide under the ipc. (Para 11 , 13 , 14) |
| 4. final verdict concerning conviction adjustment. (Para 15 , 16) |
1. This appeal is directed against the judgment dated 4th of January, 1994 passed in Sessions Trial No. 189/88 by the Additional Session Judge, Baikunthpur. By the impugned judgment, the appellant has been convicted u / S.302 and S.324, IPC and sentenced to undergo imprisonment for life and R.I. for 3 years with a further direction to run the sentences concurrently.
2. The facts, briefly stated, are as under: -
Deceased - Khemchand was tenant of the appellant. He was residing in his tenanted premises along with his family members namely Rohni Prasad (PW 1), Moolchandra (PW 5) and Bhupendra Kumar Agrawal (PW 2) since 10 years. The deceased was running a grocery - shop in the front portion of the premises and the back portion was used for residential purpose. Rohni Prasad (PW 1) and Moolchandra (PW 5) are real brothers of the deceased. Bh
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