(1.) This appeal has been preferred against the judgment dated 7-3-1990 passed by First Additional Sessions Judge, Chhindwara in S.T. No. 29/88 whereby the appellant and co-accused Munna (since deceased) were convicted and sentenced as under:-
(2.) It is relevant to note that this appeal was heard and decided by another Bench of this Court on 4-8-2003. Consequently, the convictions were maintained but sentences of imprisonment were reduced to the periods already undergone by the appellant and co-convict Munna. However, the Apex Court, vide its order dated 6-1-2010 passed in Criminal Appeal No. 31/2010, set aside this Court's judgment and remanded the matter for consideration afresh on its own merits uninfluenced by the observation, if any, made in the order.
(3.) The appeal so far as it relates to co-convict Munna (hereinafter referred to as 'Munna' only) has already abated consequent to his death during pendency of this appeal preferred by the State before the Supreme Court.