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2022 Supreme(Online)(MP) 14136

MADHYA PRADESH HIGH COURT
A. K. Verma, J
Radheshyam Hiralalji Balai v. State of Madhya Pradesh


1. The appellant has preferred this appeal under S.374(2) of the Code of Criminal Procedure , 1973(2 of 1974) (in short Cr.P.C.) against the judgment dated 21.10.2010 passed by the Court of 1st Addl. Sessions Judge, Ratlam in S.T.No. 223/2010, whereby the appellant has been convicted under S.302 of Indian Penal Code , 1860 (in short IPC) and sentenced to undergo rigorous imprisonment for life with fine of Rs. 500/- and in default of payment of fine additional rigorous imprisonment for one month.

2. Prosecution story in brief is that in the intervening night of 19-20 August, 2009 at about 10-11 p. m., when deceased Ramesh was taking dinner at his residence situated in village Sejawata, Police Station - Industrial Area, Distt. Ratlam, appellant came there, caught hold of his hand and took him towards road. Next day morning, Chowkidar, Gulab Singh (PW - 6) found his dead body near the road. On his information at about 8: 30 a. m. merg intimation report bearing No. 46/2009 (Ex. P - 9) was registered at Police Station - Sejawata. ASI, R.D. Sharma (PW - 14) rushed to the spot, prepared inquest report (Ex. P - 3), seized blood soaked soil, plain soil, deceased's blood contained pant and a






























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