(1.) This judgment shall govern the disposal of Criminal Appeal No. 407/2020 (State of M.P. vs. Dr. Priyasharan Singh Thakur and Anr.) preferred by State as well as Criminal Appeal No. 7762/2019 (Dr. Priyasharan Singh Thakur vs. State of M.P.) preferred by accused/ appellant herein as both the appeals arise out of common judgment dtd. 30/8/2019 passed by III Additional Session Judge, Sagar.
(2.) The State of Madhya Pradesh has preferred CRA No. 407/2020 under Sec. 377/378 of Cr.P.C. for enhancement of sentence and against acquittal of accused Dr. Priyasharan Singh Thakur under Sec. 302 of IPC, whereas accused Dr. Priyasharan Singh Thakur has preferred CRA No. 7762/2019 against his conviction under Sec. 304 Part II of IPC for which he was ordered to suffer rigorous imprisonment for seven years along with fine of Rs.10,000.00 and one year rigorous imprisonment as default stipulation in case of non-payment of fine.
(3.) Criminal Appeal No. 407/2020 was preferred against both the accused persons namely Dr. Priysharan Singh Thakur and Martand Singh, however, vide order dtd. 27/1/2025, this court has already dismissed the appeal so far as it relates to co-accused Martand Singh is concerned for the reasons recorded therein and thus, we are considering the appeal preferred by the State only against Dr. Priyasharan Singh Thakur in this judgment.