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1994 Supreme(SC) 280

A.S.ANAND, FAIZAN UDDIN
Raja Ram – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

Dr. A. S. Anand, J. - This appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, is directed against the judgment of the High Court of Madhya Pradesh in Criminal Appeal No. 1326 of 1985. Vide which the judgment of acquittal recorded in favour of the appellants and two others by the Additional Sessions Judge was set aside.

2. Ten accused, including the eight appellants (Ram Sahai has not filed any appeal and Uma Shankar has since died in jail) were tried for offences under Section 302 read with Section 149 I.P.C. and Sections 148 and 147 I.P.C. Appellant Uma Shankar was also tried for an offence under Section 436 I.P.C. Appellants Raja Ram, Anandi, Ram Janak, Harivansh, Halke and Uma Shankar along with Ram Narayan were also tried for offences under Section 325/149 I.P.C. for causing grievous hurt to Ram Lakhan, while Anandi appellant was charged for an offence under Section 323 I.P.C. for causing simple hurt to Sahodara Bai.

3. In brief, the prosecution case is that on 23.3.1983 at about 11 a.m. at village Chhigamma Police Station Gunnore, the appellants along with Ram Sahai and Uma Shankar on account of previous enmity, att










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