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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
PRAKASH CHANDRA GUPTA
Baboo Khan, S/o. Yaseen Khan, (Died) – Appellant
Versus
State Of M.P., Through P.S. Khudel, District Indore (Madhya Pradesh) – Respondent
ORDER :
PRAKASH CHANDRA GUPTA, J.
The appellants/accused persons have filed this appeal u/s 374(2) of CrPC being aggrieved by judgment of conviction and order of sentence dated 06/04/2000 passed by XIVth ASJ Indore, in S.T. no.1/1993 whereby the learned trial court has convicted the appellants u/s 148, 307 r/w 149 (2 counts), 324 r/w 149 of IPC and sentenced to rigorous imprisonment for 1 year, 5 years (Two counts) and fine of Rs. 500/- and 6 months, to each, respectively, with default stipulation.
2. It was undisputed fact before the learned trial court that a cross sessions case no.158/1993, State of Madhya Pradesh Vs. Ramzan and 5 others, offence punishable u/s 147, 323 r/w 149, 324 r/w 149 and 307 r/w 149 of IPC, was pending against the complainant party Ramzan (PW/ 11), Abdul Malik (PW/ 1), Abdul Khaliq (PW/ 2) and witnesses Chand Babu (PW/ 5), Naoshad Khan (PW/ 6) and Razzaq (PW/ 4). The aforementioned case was decided on 20/11/1995 by Ist Additional Sessions Judge, Indore, whereby the complainant party/ accused persons were acquitted.
3. During pendency of this appeal, appellant no.1/ accused Babu Khan had died, therefore, this appeal has been abated against him.
4. Prosecution s
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