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2005 Supreme(Online)(SC) 20

SUPREME COURT
, J
State of Madhya Pradesh through CBI – Appellant
Versus
Chhattisgarh Mukti Morcha – Respondent


1 Criminal Appeals Nos. 98-102 of 1999 and Criminal Appeals Nos. 109-14 of 1999 are filed by the State of Madhya Pradesh through CBI and Criminal Appeals Nos. 103-08 of 1999 are filed by the Chhattisgarh Mukti Morcha. All these appeals arise out of the common judgment passed by the High Court of Madhya Pradesh on 26-6-1998. Nine accused persons were tried by the IInd Additional Sessions Judge, Durg, M.P. Accused 1 to 8 were charged for the offence under S.302 read with S.120B IPC. The 9th accused was charged under S.302 read with S.120B, and in the alternative, S.302 read with S.34 IPC and S.25(1A) and S.27 of the Arms Act . The Sessions Judge acquitted A-6 Naveen Shah, A 7 Chandrabaksh Singh and A 8 Baldev Singh Sandhu. A 1 Chandrakant Shah, A 2 Gyan Prakash Mishra, A 3 Avdhesh Rai, A 4 Abhay Kumar Singh, A 5 Moolchand Shah and A 9 Paltan Mallah @ Ravi were convicted by the Sessions Judge for the offence under S.302 read with S.120B. A 9 Paltan Mallah was found guilty of the offence punishable under S.302 IPC and sentenced to capital punishment whereas the other accused were sentenced to life imprisonment. The High Court by the impugned judgment acquitted all the accused of the















































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