G.S.SINGHVI, ASOK KUMAR GANGULY
Musheer Khan @ Badshah Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Ganguly, J.
1. Several appeals were heard together as they arose out of similar incidents and some common questions are also involved.
2. The prosecution version as unfolded in the case is that on 29.11.2000 around 7:10 P.M. one Pappu @ Prakash Tripathi (PW-3) was in his apartment. Then on hearing the firing of three shots, he came out of his apartment and saw a light blue coloured scooter, which was parked in front of the apartment, was being started bya man and after him two other persons also boarded that scooter. PW-3 also saw a Matiz car which was parked by the side of the road and he saw the body of Mallu Bhaiya, the deceased, half inside the car and the other half was lying outside the same. PW-3 further saw that after starting the scooter, those persons drove it towards the road and took a turn to the right and drove towards the side of Dainik Bhaskar Press. PW-3 further deposed that at the time those persons left in the scooter they were “turning their heads back”. Then PW-3 came outside his apartment and started shouting.
3. The further evidence of PW-3 is that he immediately ran towards the deceased and found there was no movement in the body. On hearing the sho
Matru Alias Girish Chandra vs. The State of Uttar Pradesh - 1971(2) SCC 75
Santokh Singh vs. Izhar Hussain and Anr. (1973) 2 SCC 406
Amitsingh Bhikam Singh Thakur vs. State of Maharashtra - (2007) 2 SCC 310
Pramod Mandal vs. State of Bihar - (2004) 13 SCC 150
Soni vs. State of Uttar Pradesh - (1982) 3 SCC 368(1
Raghav Prapanna Tripathi and others vs. State of U.P. - AIR 1963 SC 74
Govinda Reddy vs. State of Mysore - (AIR 1960 SC 29) referred (Para 54)
Mohan Lal Pangasa vs. State of U.P. - AIR 1974 SC 1144
State of Haryana vs. Krishan (2008) 15 SCC 208
State of Andhra Pradesh vs. S. Swarnatatha and others
State, Govt. of NCT of Delhi vs. Sunil and another, [(2001) 1 SCC 652]
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