C.K.THAKKER, ARIJIT PASAYAT
State Of M. P. – Appellant
Versus
Dharkole @ Govind Singh – Respondent
JUDGMENT
Arijit Pasayat, J.-State of Madhya Pradesh calls in question legality of the judgment rendered by a Division Bench of the Madhya Pradesh High Court, at Jabalpur directing acquittal of the respondents (hereinafter referred to as the accused ) on the ground that prosecution failed to prove their guilt beyond reasonable doubts. Originally eight persons faced trial. Out of them co-accused Sunita and Kapoor Singh were acquitted. During the pendency of the trial one Ramkishore absconded. Two others Bhoora and Jabar Singh had died during trial. Trial Court convicted accused Komal Singh, Manni and Dharkole. During pendency of the appeal before this Court, accused Komal has died and the appeal stands abated so far as she is concerned. All the three accused were convicted for offences punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC ). Appellant Manni was convicted for an offence punishable under Section 148 I.P.C. while the other two have been convicted for an offence punishable under section 147 I.P.C. Each one of them has been sentenced to undergo imprisonment for life with a fine of Rs. 5,000/- for the offence punishable under
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