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K.G.BALAKRISHNAN, R.P.SETHI
Bhagwan Singh – Appellant
Versus
State of Madhay Pradesh – Respondent


Counsel for the Parties :
For the Appellants :B.S. Jain Advocate for Goodwill Indeevar, Advocate.
For the Respondents:W. A. Nomani and B.S. Banthia, Advocates.

Judgment

Sethi, J.—The appellants, alongwith two others, were charged under Sections 148, 302 336, 337, 427 read with Section 149 of the Indian Penal Code by the Court of Additional Sessions Judge, Burhanpur and after trial acquitted by the trial court vide its judgment dated 24th June, 1987. The appeal filed by the State against the order of acquittal was allowed by the High Court vide the judgment impugned convicting the appellants for offences under Section 302/149 and sentencing them to life imprisonment besides paying a fine of Rs. 5,000/- each in default of which they have been directed to suffer further rigorous imprisonment for one year each. They were also convicted for the commission of offence under Section 148 IPC and sentenced to rigorous imprisonment for one year each.

2. Not satisfied with the judgment of the High Court, the appellants have preferred this appeal under Section 379 of the Code of Criminal Procedure read with Order XXI Rules 12 to 29 of the Supreme Court Rules, 1966.

3. According to the prosecution there was a dispute between Amarnath (deceased) and Ram Singh, appellant with respect to four mango trees grown on Khasra No. 212 situated at Village Sarai.

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