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2001 Supreme(SC) 1492

Majju – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

K.G. Balakrishnan, J.-The two appellants herein were tried by the Sessions Judge, Shajpur in Madhya Pradesh, along with nine others for the various offences punishable under Sections 302, 148, 323, 341 read with section 149 IPC. The learned Sessions Judge acquitted three of the accused and found others guilty of all the offences charged. The accused who were convicted by the Sessions Court filed an appeal and the Division Bench of the Madhya Pradesh High Court, Bench at Indore, acquitted six of the appellants and found guilty the present appellants for the offences under Section 302/34 IPC and they were sentenced to undergo imprisonment for life. The above conviction and sentence are challenged before us.

2. We heard the appellants learned counsel, Mr. Niraj Sharma. The learned counsel contended that the appellants have been wrongly convicted as the evidence adduced by the prosecution was highly interested and that there was a free fight between two factions and the appellants have not committed any criminal offence.

3. Briefly stated, the prosecution case is that on 20.7 1987 Ayyub Khan, the third accused before the Sessions Court, used some abusive words against






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