Latest Judgement MADHAV Versus STATE OF MADHYA PRADESH Appeal (Crl.), 852 of 2021

JUDGEMENT OVERVIEW

JUDGEMENT OVERVIEW

COURT :  Supreme Court of India (Division Bench (DB)- Two Judge)

JUDGEMENT NAME : MADHAV Versus STATE OF MADHYA PRADESH Appeal (Crl.), 852 of 2021

JUDGEMENT DATE : Aug 18, 2021

RELATED SECTIONS : INDIAN PENAL CODE, 1860

Section 34 – Acts done by several persons in futherance of common intention

Section 302 – Punishment for murder

IMPORTANT PARAGRAPH :  

  1. V.Ramasubramanian, J.

Leave granted.

  1. Challenging their conviction for the offence punishable

under Section 302 read with Section 34 of the Indian Penal

Code, 1860 (“IPC” for short) and the sentence of life imprisonment and a fine of Rs.2500/­ imposed upon them by

the Ist Additional Sessions Judge, Sagar, M.P., and confirmed

by the Division Bench of the High Court of Madhya Pradesh at

Jabalpur, Accused Nos.2 and 3 have come up with these

criminal appeals.

 

 

imprisonment and a fine of Rs.2500/­ imposed upon them by

the Ist Additional Sessions Judge, Sagar, M.P., and confirmed

by the Division Bench of the High Court of Madhya Pradesh at

Jabalpur, Accused Nos.2 and 3 have come up with these

criminal appeals.

  1. We have heard Mr. Ardhendumauli Kumar Prasad and

Mr. Amit Arjariya, learned counsel appearing for the

appellants and Shri S.U. Lalit, learned counsel appearing for

the State.

  1. Smt. Sahodra Bai (hereinafter referred to as “A­2”), who is

the appellant in one of these appeals, is the sister of

Shri Madhav (hereinafter referred to as “A­3”) who is the

appellant in the other appeal. Shri Raju Yadav who was

Accused No.1 is the husband of Sahodra Bai.

  1. The case of the prosecution was that on the night of

13.05.2008, at about 22.30 hrs., all the three accused, in

furtherance of the common intention of all, attacked one

Pappu @ Nand Kishore (brother of A­1) with a knife and lathis

resulting in his death and that, thereafter, with the intention of screening

 the offenders from legal punishment, A­2 took the

victim to the Government Hospital and sent a false

information to the Police as though the murderous assault on

the victim was committed by two other persons by name Ruia

and Kailash. While all the three accused were charged for

offences punishable under Section 302 read with Section 34

IPC, A­2 was charged additionally for the offences punishable

under Sections 211 and 194 IPC.

 

HARYANA JUDICIARY EXAM MOCK TEST 23

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HARYANA JUDICIARY MOCK TEST 23

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30.       A district magistrate or a sub-divisional magistrate may prevent environmental pollution under provision of Cr.PC

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29.       Where the plaint has been rejected the plaintiff on the same cause of action?

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28.       If a party who was obtained it an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do without leave of court?

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27.       Caveat shall not remain in force after expiry of -

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26.       Which of the following statements is not correct :

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25.       Which of the following statements is correct :

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24.   For proving execution of a registered will it shall :

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23.   In which of the following cases can secondary evidence of the contents of a document to not to be given :

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22.   ‘A' prosecutes B' for stealing a cow for him. B' is convicted. A' afterwards sue C'for the cow which B had sold to him before his conviction.The judgement against B is :

10 / 30

21.   Telling his wife that P's wife had called him to receive payment due to him K leaves his house after two days is his dismember body is found in trunk in P's trail for murder of K the statement made by K of his wife is :

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20.   A voluntarily confession is admissible in evidence when made :

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19.   Confession of an accused is irrelevant and inadmissible when made :

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18.   The question is whether a was a ravished? As conduct the fact that without making a complaint to she said that she was Ravished is :

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17.   In relations to the expression define in section 3 of the Indian Evidence Act which of the following statement is not correct

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16.   A is accused of an act which may amount to theft or receiving stolen property of criminal breach of Trust or cheating. He is only charged with theft but it appears that he committed the offence of criminal breach of trust. He maybe :

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15.   Inherent power under section 482 Cr.PC can be exercised by :

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14.   If the offence is punishable with fine only the period of limitation for taking cognizance of it shall be:

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13.   On an application made by a person apprehending arrest on accusation of having committed to non bailable offence the High Court on the court of session may under section 438 CrPC give the direction that:

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12.   A appeal against an order of acquittal passed by the court of Judicial Magistrate First Class shell Lie to:

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11.       The maximum term of imprisonment awardable in summary trial is:

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10.       If it appears to the magistrate that the offence complained of is office triable exclusively by the court of sessions he under section 202 Cr.PC postponing the issue of process against the accused:

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9.       In relations to first information report which of the following statement is not correct :

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8.       Under sub section (1) of section 146 CrPC the magistrate may attach the subject of dispute if :

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7.       No wife shall be entitled to receive maintenance from her husband under section 125 CrPC if :

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6.       A chief judicial magistrate may pass a sentence of :

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5.       Warrant case means a case

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4.       ‘A’ Find the key to ‘Y’s house door which ‘Y’ had lost and commits house trespass by entering ‘Y’ house having opened the door with that key . what offence has A committed:

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3.      Where the liability in relations to sum adjudged has not arising out of commercial transactions , the maximum yearly rate of interest awardable under section 34(1) of the CPC from the date of decree for payment of money to date of payment is:

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2.    An immovable property held by Y is situated at Bhopal and the wrongdoer personally works for gain at Indore A suit to obtain compensation for wrong to the property may be instituted :

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1.    Weather an issue heard and finally decided by a competent court of Limited jurisdiction shall operate as res judicata in a subsequent suit , that the aforesaid court was not competent of try :

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