BALARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal challenges the judgment and order passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur, Bench Gwalior in Criminal Appeal No.276 of 1995 thereby dismissing the appeal filed by the present appellant as well as Rameshwar (since deceased) and confirming the judgment and order passed by the learned Special Judge and Second Additional Sessions Judge, Bhind passed in Sessions Trial No.70 of 1984.

(2.) The prosecution story as could be gathered from the material placed on record is thus:-

(3.) After investigation, the charge-sheet came to be filed before the jurisdictional Magistrate. Since the case was exclusively triable by the Sessions Judge, it came to be committed to the Special Judge & Second Additional Sessions Judge, Bhind. Six accused came to be tried for the offences punishable under Ss. 147, 148, 302, 149, 307 and 341 of the IPC. The learned Special Judge & Second Additional Sessions Judge, Bhind at the conclusion of the trial, found that accused Ram Bharosey, Munna, Uma Charan and Amar Singh were entitled to be acquitted for the charges levelled against them. However, Rameshwar (since deceased) was found guilty for commission of offences punishable under Ss. 148, 302, 307 read with Sec. 149 of the IPC and appellantBalaram was found guilty for the commission of offences punishable under Ss. 148, 302 read with Sec. 149 and Sec. 307 of the IPC.