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ITEM NO.42 COURT NO.2 SECTION II-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.5510/2018

(Arising out of impugned final judgment and order dated 10-11-2017

in CRLA No.435/2000 passed by the High Court Of M.P. At Gwalior)

STATE OF MADHYA PRADESH

Petitioner(s)

VERSUS

RADHAKISHAN Respondent(s)

(IA No.83168/2018 – FOR EXEMPTION FROM FILING O.T.)

Date : 06-05-2022 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT

HON'BLE MR. JUSTICE S. RAVINDRA BHAT

HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

For Petitioner(s)

Ms. Swarupama Chaturvedi, Adv./AAG

Mr. Pashupathi Nath Razdan, AOR

Mr. Prithviraj Singh, Adv.

Mr. Yashraj Singh Bundela, Adv.

Mirza Kayesh Begg, Adv.

Mr. Astik Gupta, Adv.

Mr. Prakhar Srivastav, Adv.

Ms. Sneh Bairwa, Adv.

Ms. Saumya Kapoor, Adv.

Ms. Himanshi Goel, Adv.

For Respondent(s)

Mr. Sumeer Sodhi, AOR

Mr. Abhishek Lalwani, Adv.

Ms. Dhreti Bhatia, Adv.

Mr. Siddhanth Gupta, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The respondent-accused was convicted under Section 302 of the

Indian Penal Code, 1860 (“IPC” for short) and sentenced to suffer

imprisonment for life. In an appeal arising from the decision of

the Trial Court, the High Court converted the offence to one under

Digitally signed by Dr.

Mukesh Nasa

Date: 2022.05.07

12:06:33 IST

Reason:

Signature Not Verified

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Section 304 Part-II of the IPC and sentenced the respondent to

suffer rigorous imprisonment for seven years.

The judgment rendered by the High Court is presently under

challenge.

Having considered the submissions advanced by Ms. Swarupama

Chaturvedi, learned Additional Advocate General for the State and

Mr. Sumeer Sodhi, learned Advocate for the respondent-accused, in

our considered view, the interest of justice would be met if, while

sustaining the order passed by the High Court, direction is issued

to the respondent-accused to compensate the heirs and legal

representatives of the deceased.

We, therefore, direct as under:

a.

The respondent-accused shall deposit a sum of

Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand

Only) in the Registry of the Trial Court within 12

weeks from today. An affidavit of compliance shall

be filed in the Registry of this Court within a week

of such deposit.

This deposit shall be in addition to the fine

imposed by the High Court.

b.

Upon such deposit, the Trial Court shall make over

the sum to the heirs and legal representatives of

the deceased Govind, after being satisfied about the

proof of identity of such heirs and legal

representatives.

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c.

In order to facilitate the exercise, the concerned

Police Station shall get in touch with the heirs and

legal representatives and facilitate their presence

before the Trial Court.

d.

In case the amount is not deposited, this order

shall stand recalled and the instant petition shall

be listed for fresh disposal.

With these observations, the Special Leave Petition is

disposed of.

Pending applications, if any, also stand disposed of.

(MUKESH NASA) (PREETHI T.C.)

COURT MASTER BRANCH OFFICER