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IN THE HIGH COURT OF MADHYA PRADESH
Ravi Shankar Jha, Ashok Kumar Joshi, JJ
Sanju alias Sanjay Sonwane – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction based on flawed eyewitness accounts. (Para 1 , 2 , 3) |
| 2. defense arguments highlighting evidence inconsistencies. (Para 4 , 5 , 6 , 7 , 12) |
| 3. court's criticism of the reliability of prosecution witnesses. (Para 8 , 10 , 11 , 18) |
| 4. appeal led to acquittal based on insufficient evidence. (Para 24 , 25) |
1. Challenge in this appeal is to the conviction and sentence recorded by the Special Judge, Balaghat in Special Criminal Case No.73/2004 vide judgment dated 28.10.2005, whereby each appellant has been convicted and sentenced under S.302/34 of the IPC to undergo life imprisonment with a fine of Rs.1000/- and if the fine is not paid, each appellant is directed to undergo six months additional R.I and the detention period is directed to be set off.
2. Undisputedly, present appellants and other acquitted co - accused persons Virendra Suryavanshi, Khemraj Lilhare and Guddu alias Wakeel Khan were arrested by the police in relation to crime No.255/2004 registered at police station Kotwali, Balaghat.
3. Prosecution case in brief is that Assistant Sub-Inspector of Police N.R. Sinha (PW - 14) lodged an FIR (Ex.P - 21) on 24.06.2004 at 22:40 hours (10:40 P.M.) at poli
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