http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 5

CASE NO.:

Appeal (crl.) 238-239 of 2004

PETITIONER:

State of Madhya Pradesh

RESPONDENT:

Dharkole @ Govind Singh & Ors.

DATE OF JUDGMENT: 29/10/2004

BENCH:

ARIJIT PASAYAT & C.K.THAKKER

JUDGMENT:

J U D G M E N T

ARIJIT PASAYAT, J.

State of Madhya Pradesh calls in question legality of the

judgment rendered by a Division Bench of the Madhya Pradesh High Court,

at Jabalpur directing acquittal of the respondents (hereinafter

referred to as the ’accused’) on the ground that prosecution failed to

prove their guilt beyond reasonable doubts. Originally eight persons

faced trial. Out of them co-accused Sunita and Kapoor Singh were

acquitted. During the pendency of the trial one Ramkishore absconded.

Two others Bhoora and Jabar Singh had died during trial. Trial Court

convicted accused Komal Singh, Manni and Dharkole. During pendency of

the appeal before this Court, accused Komal has died and the appeal

stands abated so far as she is concerned. All the three accused were

convicted for offences punishable under Section 302 read with Section

149 of the Indian Penal Code, 1860 (in short the ’IPC’). Appellant

Manni was conv