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RAMESHWAR v. THE STATE OF MADHYA PRADESH

Supreme Court of India | Diary 23098/2021

Status

Order

Decided On

2024-12-05

Bench

HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH, HON'BLE MR. JUSTICE SUDHANSHU DHULIA

Petitioner

RAMESHWAR

Respondent

THE STATE OF MADHYA PRADESH

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 5130 OF 2024 (Arising out of SLP (Crl.)NO. 7585 of 2022)

RAMESHWAR & ANR. APPELLANT (S)

VERSUS

THE STATE OF MADHYA PRADESH RESPONDENT(S)

AND

CRIMINAL APPEAL NO.5131 OF 2024 (Arising out of SLP (Crl.)NO. 6662 of 2023)

O R D E R

Leave granted.

2. The appellants in these appeals are convicted under Sections

147, 148 and 302/149 of IPC.

3. We have heard learned counsel for the appellants and the

respondent at length.

4. The incident occurred on 18.07.2001 at about 10.00 A.M when

the deceased-Lakhan and his wife Pista Bai were working in their

Agricultural field. Santosh Gurjar, Nawab Gurjar, Dhirendra Gurjar

alongwith Rakesh Khangar, Gudda Khangar, Raju Khangar, Shivraj

Khangar, Santu Khangar, Rameshwar Raikwar, came in his field and

tried to force him to make a compromise in an old matter. It has

come later in the evidence that a compromise was being forced upon

the deceased to withdraw an earlier case where the deceased had

implicated one of the accused (Santu) in a case of theft.

5. Be that as it may, the deceased was assaulted. Rakesh was

carrying `Farsa’ and Gudda was carrying `Luhangi’. All the nine

accused together committed the crime. Different roles were assigned

to different persons. The primary role in the assault was of the

Rakesh Khangar and Gudda. Rakesh gave ...

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