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2024 Supreme(Online)(MP) 19508

HIGH COURT OF MADHYA PRADESH
Umashankar & Ors. – Appellant
Versus
The State Of M.P. – Respondent


Advocates:
Sk.Tiwari,S.Tiwari,Sa.Khan/,Advocate General

JUDGEMENT

By the present appeal filed under Section 374(2) of the Code of Criminal Procedure, the appellants have challenged the judgment of conviction and order of sentence passed by Special Judge, SC/ST (Prevention of Atrocities) Act Jabalpur in Special Case No.13/99 whereby the appellants have been convicted under Section 147 of Indian Penal Code and sentenced to undergo one year RI and fine of Rs.200/- and in default, to further undergo 15 days RI and Section 323/149 of Indian Penal Code and sentenced to undergo one month and fine of Rs. 200/- and in default, to further undergo 15 days RI. 2. As none appeared on behalf of the appellants, Mr. Khalid Noor Fakhruddin, Advocate who is present in the Court, has been requested to assist the Court on behalf of the appellants as amicus curiae.

3. Learned counsel for the appellants has submitted that the prosecution failed to prove the case beyond reasonable doubt. During the trial, the appellants remained in custody for one days. The incident was of the year 1999. They have no criminal antecedent. He further submitted that due to previous enmity, appellants have falsely been implicated in this case. There was no mens rea behin

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