HARISH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal under Section 329 of the Code of Criminal Procedure has been preferred by Harish Kumar, Advocate and his brother, Ram Sharan, as of right, as they stand convicted for charges of murder and attempt to murder by the High Court of Madhya Pradesh vide order dated 25-8-1986, setting aside the orders of the Court of Session, whereunder the aforesaid two appellants and three others acquitted of all the charges. Now the acquittal of these three others stands maintained whereas the two appellants have been convicted and sentenced as under:-

(2.) BOTH sentences to run concurrently.

(3.) IN village Madhogarh, there is a busy lane/road running from north to south, touching perpendicularly the highway between the towns of Satna and Rewa. Shortly before reaching the T-junction there stands erected a stone gate from where a lane bifurcates at a tangent, touching also the same highway. The appellants and their co-accused, who constitute a family by themselves, have their residential house in that lane, just about in the middle between the stone gate towards south and the crossing towards the north.