STATE OF M.P. Vs. SAMARU

JUDGEMENT

(1.) BEING aggrieved with the judgment of acquittal dated 17.4.1989 passed in Criminal Case No. 553/1983 by the Judicial Magistrate First Class, Baloda Bazar, Distt. Raipur, the State has filed this appeal with the leave of the Court. During the pendency of the appeal, Samara, Respondent No. 1 and Biharilal, Respondent No. 4 have died, therefore their names have been deleted whereas Respondent No. 3 namely Ram Sahay was discharged and was wrongly arrayed in the cause title, therefore, his name was also deleted.

(2.) THE facts, briefly stated, are as under:

(3.) ON the other hand, Mr. Kunal Das, learned Counsel appearing on behalf of Respondents 2, 5 and 6 opposed these arguments and supported the judgment of acquittal passed by the learned Magistrate.