GUDDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition seeking review of order dtd. 9/12/2014 passed in Criminal Miscellaneous Petition No.23221 of 2014 in Criminal Appeal No.1109 of 2013 whereby the appellant was allowed to withdraw his appeal.

(2.) It would be relevant to state here that the present petitioner (Gudda @ Shivashankar) was one of the co-accused who had been convicted by the Trial Court as also by the High Court along with four other co-accused.

(3.) Subsequently, it appears that two other coaccused (Shankar and Suresh Dobi) had also assailed the common impugned order of the High Court by way of Criminal Appeal No.1785/2011 and Criminal Appeal Nos. 1786-1788 of 2011. These appeals were allowed by this Court vide judgment dtd. 18/4/2018 by setting aside the conviction recorded by the Courts below and acquitting the appellants therein. The said judgment has been filed as Annexure A-3 to the Review Petition. We have perused the same and find that this Court disbelieved the evidence of the witnesses including the first informant and the alleged eyewitnesses. It, accordingly, acquitted the appellants therein.