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2022 Supreme(SC) 355

UDAY UMESH LALIT, S. RAVINDRA BHAT, BELA M. TRIVEDI
Mohd. Firoz – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. B.H. Marlapalle, Sr. Adv. Ms. Shreya Rastogi, Adv. Ms. Harini Raghupathy, Adv. Ms. Trisha Chandran, Adv. Mr. Ramnesh Kr. Sahu, Adv. Mr. Satya Mitra, AOR
For the Respondent(s): Mr. P.V. Yogeswaran, Adv./AAG Mr. Pashupathi Nath Razdan, AOR Mr. Kayesh Regg, Adv. Mr. Astik Gupta, Adv. Ms. Sneh Bairwa, Adv. Mr. Prakhar Srivastav, Adv.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The present appeal was initially filed by the appellant-Bibi Sidhika, the mother of the accused Mohd. Firoz, challenging the legality and validity of the impugned common judgment and order dated 15.07.2014 passed by the High Court of Judicature, Madhya Pradesh at Jabalpur, in the Criminal Reference No. 09 of 2013, Criminal Appeal No. 2920 of 2013 and Criminal Appeal No. 3132 of 2013. During the pendency of the present appeal, the said appellant having expired, the accused Firoz has been substituted as the appellant in view of the order passed by this Court on 21.10.2021.

Case of Prosecution :-

2. The case of the prosecution as unfolded before the trial court was that on 17.04.2013, at about 06:30 PM, one Rakesh Choudhary (original accused no. 2) came to the house of the informant Ramkumari (mother of the victim) along with an unknown person (the present appellant-original accused no. 1) and requested the said Ramkumari and her mother Himmabai to provide an accommodation to the said unknown person for a day, however, Himmabai refused to provide such accommodation. Thereafter, Rakesh Choudhary left and his friend sat for a while at the courtyard of the h

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