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2023 Supreme(SC) 126

AJAY RASTOGI, BELA M. TRIVEDI
Ram Gopal S/o Mansharam – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Yogesh Tiwari, Adv. Mr. Sanjay K. Agrawal, AOR Ms. Ms Neema, Adv. Mr. Vikrant Singh Bais, Adv. Amna Darakhshan, Adv.
For the Respondent(s): Mr. D.S. Parmar, AAG Mr. Harmeet Singh Ruprah, Adv. Mr. Sunny Choudhary, AOR Mr. Rushant Malhotra, Adv.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The impugned judgment and order dated 13.07.2018 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 70/2000 has been sought to be challenged by the petitioner-accused by way of present petition. The said appeal was dismissed by the High Court confirming the judgment and order dated 17.01.2000 passed by the First Additional Sessions Judge, Morena (hereinafter referred to as the “Sessions Court”) in ST No. 205/1996, whereby the petitioner was convicted for the offence under Section 302 IPC and was sentenced to undergo life imprisonment with fine of Rs. 5,000/-, in default thereof to suffer further rigorous imprisonment for a period of two years.

2. The petitioner-accused Ramgopal alias Gopal was the Ex-Sarpanch of the village Har Gangoli. On 20.12.1995 at about 09:30 AM, the complainant Upendra Singh (PW-1) reported at the Police Station Baghchini that on 19.12.1995 at about 5 PM his uncle (Tau) Pratap Singh Sikarwar was taken by the Sarpanch Ram Gopal from Arhela, and the dead body of his uncle Pratap Singh was lying on the road near the house of Bharosibaba at village Chachiha. He further alleged in the complaint that


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