MADHYA PRADESH HIGH COURT
Sanjay Yadav, J
Ashish Sondhiya v. State
| Table of Content |
|---|
| 1. incident arose from disagreement over cleaning a drain. (Para 1 , 2 , 3) |
| 2. arguments focus on lack of premeditation and intent. (Para 5 , 6) |
| 3. court discusses applicability of ipc section 304. (Para 12 , 15) |
| 4. final decision to reduce sentence based on time served. (Para 16 , 17 , 18) |
1. Appellants have preferred the present appeal being aggrieved by the impugned judgment dated 29.11.2019 passed by the Learned 9th Additional Sessions Judge, Satna in ST No.205/2017 whereby appellants have been convicted for commission of offence under Section 302 /34 of the IPC and have been sentenced to imprisonment for life along with fine of Rs.5,000/- and appellant No.1 Ashish Sondhiya has also been convicted under Section 323 of the IPC and has been sentenced to undergo rigorous imprisonment for 3 months along with fine of Rs.500/- with default stipulation.
2. As per the prosecution story, in the intervening night of 09.05.2017, rainy water was collected on the roof of house of complainant-Kiran (wife of deceased Santosh). On 10.05.2017 in the morning, she saw that her husband was trying to remove water from the roof and upon inserting a stick into drain pipe, it was not clear
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