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1996 Supreme(MP) 1029

TEJ SHANKAR
Shrilal – Appellant
Versus
State of M. P. – Respondent


Advocates:
A.K. Shrivastava for appellants;
Arvind Dudawat, Additional Govt. Advocate for State.

JUDGMENT

1. The appellants along with others were tried by the learned trial Court u/S. 148, 333/149 IPC. The learned Court convicted the appellants u/S. 148, 333/149 IPC. They were sentenced to 1 year R.I. each u/S. 148 IPC and 3 years R.I. each u/S. 333/149 IPC. Feeling aggrieved they have preferred this appeal.

2. The facts leading to the appeal are that on 23.7.87 PW 4 Laxminarain Sharma who was then Vanpal, Bamori Range and PW 5 Vishnucharan Khare, Forest Guard, had gone to village Tuiakheda to serve notices on the residents of that village with respect to their unauthorised occupation over the forest land 1ney reached there at about 9 a.m. PW 1 Babulal and PW 2 Mahavirsingh, who were Chowkidars, were sent by him to call the persons to whom notices were to be served. He along with Vishnucharan sat under a Mahua tree in Mohalla Kirkar. Accused Shrilal, Bhagchand, Onkar, Rambux, Harishchandra, Uda, Gopal and five others along with five ladies which included the wives of Shrilal, Onkar and Rambux reached there. Shrilal and Asharam were armed with Pharsa whereas Shrilal's wife had iron rod and other accused were armed with lathi. Shrilal attacked with Pharsa and his wife by iron b








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