STATE OF MADHYA PRADESH Vs. RAMJI LAL SHARMA

JUDGEMENT

(1.) The Applicant/Respondent No. 2 herein, i.e., Brijnandan @ Brajesh Sharma has filed the present Miscellaneous Application in the disposed of Criminal Appeal No.293 of 2002. seeking his release from further jail sentence, on the ground of his juvenility on the date of the offence, i.e., on 17/1/2002.

(2.) Briefly stated, the facts of the case are that the Respondents in Criminal Appeal No.293 of 2022 were two of the four accused in the crime registered pursuant to FIR No.8/2002 dtd. 17/1/2002 at Police Station AJK Bhind, District Bhinda, Madhya Pradesh, for the offences committed under Ss. 302, 307 and 34 of the Indian Penal Code, 1860 (in short "IPC"), read with Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act"). Pursuant to the trial in Special Case No. 74 of 2002 before the Ld. Special Judge, Bhind, the Respondents were convicted for the offences punishable under Sec. 302 read with Sec. 34 of the IPC and were awarded life imprisonment and fine of Rs.5000.00 vide judgment dtd. 24/2/2006.

(3.) Being aggrieved by the judgment of the Trial Court, the Respondents filed Criminal Appeal No.339 of 2006 before the High Court of Madhya Pradesh, Gwalior Bench. The High Court allowed the appeal preferred by the Respondents vide judgment dtd. 13/12/2018 and thereby set aside the conviction of the Respondents.