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1979 Supreme(SC) 333

O.CHHINNAPPA REDDY, P.N.SHINGHAL, R.S.SARKARIA
Nammu – Appellant
Versus
State Of M. P. – Respondent


Judgment

CHINNAPPA REDDY, J. - The appellants and four others were tried by the learned First Additional Sessions Judge, Ujjain, for alleged offences under Sections 147, 148, 302, 307, 323 and other cognate offences. While the other four accused persons were acquitted of all charges, the five appellants were acquitted of the major charge of murder and convicted of various lesser offences, A-1 under Sections 148, 326 read with 149 and 34, 324, 323 and 352, Indian Penal Code, A-2 under Sections 147, 326 read with 149 and 34, 324 and 323 read with 149 and 352, A-3 under Sections 147 and 149 read with 324 and 323, and A-4 under Sections 147, 324 read with 149 and 34, 323 and 323, and A-5 under Sections 147, 324 read with 149 and 34, 323 and 323, Indian Penal Code. A-1, 2, 4 and 5 were sentenced to various terms of imprisonment while A-3, a lad of 15 years of age, was released on probation of good conduct for a period of two years. The present appellants preferred an appeal to the High Court of Madhya Pradesh against their convictions while the State preferred an appeal against their acquittal on the major charge of murder. The High Court dismissed the appeal filed by the appellants but













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