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Baliya@ Bal Kishan Vs. State of M.P. [05/10/12]

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[Criminal Appeal No. 2001 of 2008]. [Criminal Appeal No. 2002 of 2008]. RANJAN GOGOI, J. Criminal Appeal No. 2001/2008 has been filed by accused Baliya where as Criminal Appeal No.2002/2008 has been filed by co-accused, Gopal. Both the appellants are aggrieved by the common order dated 20.4.2007passed by the High Court of Madhya Pradesh by which the conviction of the appellants under Section 120B read with Section 302 IPC and the sentence imposed has been affirmed. The short case of the prosecution is that on 11.10.1991 Head Constable, Mukesh Kumar (PW 7), of Police Station Balwada, while returning from the Court where he had gone to attend the hearing of a case, found a person lying unconscious on the road side on Indore road. As the person was profusely bleeding PW-7 sent information to the police station, Balwada, which was entered in the General Diary of the police station. Thereafter, the victim was brought to the hospital where he was declared dead.

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