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2021 Supreme(SC) 498

K. M. JOSEPH, S. RAVINDRA BHAT
Mohd. Rafiq @ Kallu – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For the Appellant(s) :Ritu Gangele, Anil Kumar Gautam, Advocates
For the Respondent(s):Gopal Jha, Shreyash Bhardwaj, Nishant Verma, Advocates

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The appellant is aggrieved by a judgment of the Madhya Pradesh High Court [Dated 27.02.2018 in Crl. Appeal No. 1570/1995] which confirmed his conviction for the offence punishable under Section 302 of the Indian Penal Code (“IPC”) and the sentence of rigorous imprisonment for life imposed on him.

2. The facts are that Police Station Jabera received information in the evening of 09.03.1992 that a truck (CPQ 4115) had broken the Forest Department barrier and collided with a motorcycle. The receipt of this information (by means of telephonic conversation) alerted the police. It was further alleged that Sub-Inspector (SI) D.K. Tiwari along with others were stationed at a vantage point, on the main road, when the truck reached there. SI Tiwari motioned the truck to stop; it was driven by the appellant. Instead of applying brakes, the accused tried to speed away, upon which SI Tiwari boarded the truck from its left side. At that stage, it is alleged that the accused/appellant warned SI Tiwari not to do so and that he would get killed. Nevertheless, SI Tiwari boarded the truck. Immediately, the appellant pushed him, as a result of which SI Tiwari fell off t

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