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1996 Supreme(SC) 2081

Jivan Lal – Appellant
Versus
State Of M. P. – Respondent


ORDER

The appellants alongwith 10 others were tried for various offences including offences under Sections 148 and 302/149 I.P.C. in respect of an occurrence dated 11th June, 1984 in which deceased Mohan Lal received fatal injuries. The Trial Court vide judgment of 1st June, 1985, acquitted two co-accused but convicted 11 for various offences including offences under sections 148 and 302/149 I.P.C. They were sentenced to undergo life imprisonment. All the 11 convicts filed appeal in the High Court against their conviction and sentence. On 9th December, 1989, a Division Bench of the High Court allowed the appeal of 8 convicts and acquitted them by giving them the benefit of doubt. So far as the three appellants herein are concerned, their conviction was maintained for the offences under section 302/149 I.P.C. The High Court opined that these three appellants had formed an unlawful assembly with "other unknown persons" with the common object of committing murder of Mohan Lal as alleged by the prosecution. By special leave, the appellants have filed this appeal.

2. We have heard Mr. Keshwani, learned counsel appearing for the appellants and Mr. U.N. Bachawat, learned senior counsel appe











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