(1.) This criminal appeal under Section 374 of Cr.P.C assails the judgment of the trial Court dated 18.01.2005 passed by III Additional Sessions Judge, Fast Track district Guna (M.P.), in Sessions Trial No. 235/98, whereby appellant-Munna has been convicted under Sections 326 of the Indian Penal Code and sentenced to undergo RI for five years with fine of Rs.500/- and remaining appellants have been convicted under Section 326 / 34 of the Indian Penal Code and sentenced to undergo RI for five years with fine of Rs.500/- each, with default stipulation.
(2.) On earlier occasion, the criminal appeal was finally heard and decided by this Court vide judgment/order dated 06.11.2012 in Criminal Appeal No. 103/2005 in following terms:-
(3.) Against the aforesaid order dated 06.11.2012 (Munna and Ors. Vs. State of M.P.), the State Government has filed SLP which was registered as SLP (Criminal) No. 5722/2013 in the name of State of M.P. Vs. Munna & Ors. and was subsequently registered as Criminal Appeal No. 1738/2014. The aforesaid criminal appeal was heard and decided by the Hon'ble Supreme Court vide its order dated 14.08.2014 and considering the overall facts and circumstances, the Hon'ble Supreme Court has observed as under:-