MANGAN AND ORS. Vs. STATE OF C.G.

JUDGEMENT

(1.) The applicants herein namely Mangan, Ramlal & Vijay were tried for the offence punishable under Sections 457 & 380 of the IPC along with co-accused Tribhuvan in Criminal Case No.329/1995 before the jurisdictional criminal Court and they were convicted by the said Court and sentenced to RI for one year & fine of Rs.5,000/- each in both the offences separately. They preferred joint Cr.A.No.62/1999 (Mangan and three others v. State of Chhattsigarh) before the Court of Sessions (FTC), Ramanujganj and by the impugned judgment dated 23-10- 2003, the criminal appeal was dismissed and the judgment of conviction and order of the sentence was affirmed.

(2.) Present applicants three in number namely Mangan, Ramlal & Vijay preferred Cr.Rev.No.548/2003 in which they were enlarged on bail by this Court by order dated 20-11-2003.

(3.) Fourth accused Tribhuvan preferred separate Cr.Rev. No.105/2007 (Tribhuvan v. The State of Chhattisgarh) and this Court by final order dated 22-3-2007 while disposing of the revision remanded the matter to the Court of Sessions for hearing the appeal of co-accused Tribhuvan after affording him proper opportunity of hearing. Upon remand, the Court of Sessions in Cr.A.No.62/1999 by its judgment dated 18-4-2007 acquitted the said co-accused Tribhuvan finding that the prosecution has failed to prove the offences beyond reasonable doubt.