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G.S.AHLUWALIA, RAJEEV SHRIVASTAVA
State of M. P. – Appellant
Versus
Mahendra Singh @ Kallu – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner: Shri B.P.S. Chouhan, Public Prosecutor
For the Respondent No.2: Shri Atul Gupta, Counsel for Kaushlendra Singh
For the Respondent Nos.1, 3 to 7:Shri Pradeep Kumar Shrivastava, Advocate

JUDGMENT

G.S. Ahluwalia, J.—Cr.A. No. 584/2008 (State of M.P. Vs. Ramant Singh) has been filed by the State of M.P., against the acquittal of Ramant Singh in cross S.T. No. 229/2003. Similarly, Nathu Singh (Cr.A. No. 397/2005), Ramvir Singh (Cr.A. No. 425/2005) and Ghanshyam Singh (Cr.A. 401/2005) have filed appeals against their conviction, in the present case. In the light of the judgment passed by the Supreme Court in the case of Nathilal & Ors. Vs. State of U.P. & Anr. reported in 1990 Supp SCC 145 the present appeal as well as Cr.A. No.s 397/2005, 401/2005 and 425/2005 and Criminal Appeal No. 584/2008 arising out of cross case were heard simultaneously, and accordingly, judgments in all the cases are being pronounced on the same day.

2. This Criminal Appeal under Section 378 of Cr.P.C. has been filed against the judgment dated 20-5-2005 passed by 2nd Additional Sessions Judge, Morena in S.T. No. 37/2001, by which the respondents 1, 3 to 7 (Mahendra Singh @ Kallu Singh, Sindhi Singh, Dinesh Singh Tomar, Kallu @ Kalyan Sigh, Mahesh Singh and Rajesh Singh Sikarwar ) have been acquitted of the charges under Sections 148, 302/34 of IPC (on four counts) and 307/34 of IPC (on two

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