RAJU Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Special Leave Petition was filed against the judgment and final order dtd. 3/2/2015 of the High Court of Madhya Pradesh at Jabalpur. By our order dtd. 29/6/2016, we had dismissed the Special Leave Petition. The Present Review Petition is against the said order. It appears that, in the meanwhile, in the co-accused No.5's case, who is similarly situated to the petitioner (in that five persons, was stated to constitute an unlawful assembly and, therefore, were held guilty of the crime under Sec. 302 I.P.C.), leave was granted from the same High Court judgment on 6/2/2017.

(2.) We are informed by Ms. Rani Chhabra, learned counsel for the petitioner that, by our judgment dtd. 5/10/2017, the judgment of the High Court has since been set aside.

(3.) We, therefore, allow the present Review Petition in the same terms as this Court's judgment dtd. 5/10/2017 and grant the same benefit of doubt to the petitioner. The Review Petition is allowed and the conviction and sentence imposed on the petitioner are set aside. If he is in custody, he may be released, if not required in any other case.