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2005 Supreme(MP) 1105

A.K.GOHIL, S.A.NAQVI
STATE OF M. P. – Appellant
Versus
SANT RAVINDRA DAS GURU SWAROOPANAND – Respondent


Advocates Appeared:
Atul Gupta, B.K.KULSHRESHTHA, C.S.Dixit, J.P.Gupta

A. K. GOHIL, J.

( 1 ) STATE has filed this appeal under Section 378 of the Code of Criminal Procedure after obtaining leave against the judgment dated 5-7-1990 passed by Addl. Sessions Judge, sheopurkalan, District Morena, in sessions Trial No. 1/89 whereby respondents have been acquitted under Ss. 302, 307, 147, 148 and 149 of Indian Penal Code.

( 2 ) AS per prosecution story, incident took place on 25-1-1986 at about 6 PM on the road at village Saaypura, P. S. Aavda, Sheopurkalan, District Morena. Respondents Amar Singh, Shambhu S/o gopi, Babu, Mudya, Gunda, Shankar and gopi, alias Bhori were present at the place of occurrence. Injured Ramcharan singh was bringing the crop of mustard in his Tractor from his field. Amarlal and nephew of Ramcharan, Vasudev were also present in the Tractor. Vasudev was driving the Tractor. When they came near "gadori", respondents who were members of the unlawful assembly were present. Ravidas Baba alias Ravindradas immediately stood up and stopped the Tractor. He was carrying Katta in his hand. Baila also exhorted and said that Today is your last day. You have forcibly taken possession of our land". When complainant ramcharan Singh was alighting fr
















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