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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 1268 of 2006

PETITIONER:

Lal & Anr

RESPONDENT:

State of M.P

DATE OF JUDGMENT: 03/10/2007

BENCH:

S.B. SINHA & H.S. BEDI

JUDGMENT:

JUDGMENT

S.B.SINHA.J

(1) Appellants- Motilal and Santosh Kumar are before us aggrieved by and

dissatisfied with the judgment of conviction and sentence passed by a Division Bench

of the Madhya Pradesh High Court dated 13.5.2004.

(2) The parties were neighbours. Their houses were divided only by a wall.

They bore animosity with each other. The sequence of events started with defaecation

by a child- Nitin in the house of Motilal.

(3) On 4.7.1999 at about 9.30 a.m. when Nitin son of deceased Munnilal was

playing near a tap situated close to his house, Pushpendra son of Motilal put some

mud on his clothes. Nitin went to his house and informed his father Munnilal. Munnilal

came to the house of Motilal and complained in regard to the conduct of Pushpendra.

Motilal, Santosh and Hariram allegedly told him that their children would act in that

fashion only. Narbadiya Bai- P.W.-3 reached the spot and told them that they always

picked up qua