(1.) Criminal Appeals No. 397/2005 (Nathu Singh Vs. State of M.P.), Cr.A. No. 401/2005 (Ghanshyam Singh Vs. State of M.P.), Cr.A. No. 425/2005 (Ramvir Singh Vs. State of M.P.) and Cr.A. No. 790/2005 (State of M.P. Vs. Mahendra Singh @ Kallu and others) arise out of cross case S.T. No. 37/2001. In the light of the judgment passed by the Supreme Court in the case of Nathilal and Ors. Vs. State of U.P. and Anr. reported in 1990 Supp SCC 145 the present appeal as well as the above mentioned appeals arising out of cross case were heard simultaneously, and accordingly, judgment is being pronounced on the same day.
(2.) This Criminal Appeal under Section 378 of Cr.P.C. has been filed against the judgment of acquittal dated 20-5-2005 passed by 2nd A.S.J., Morena in S.T. No. 229 of 2003, thereby acquitting the respondent Ramant Singh for offence under Sections 148, 302 in the alternative 302/149 of I.P.C.
(3.) It is not out of place to mention here that other 9 persons, namely, Vinod, Girraj, Suresh Singh, Manohar Singh, Virendra Singh, Sultan Singh, Nathu Singh son of Madho Singh, Jaikaran Singh and Ran Singh were also tried for offence under Section 148, 302/149 and by the impugned judgment, they were also acquitted by the Trial Court. Application for grant of leave to appeal was filed against all 10 persons including the respondent, but leave was granted by this Court by order dated 30-7-2008 against Respondent Ramant Singh only and the application for grant of leave to appeal was rejected against remaining 9 persons namely Vinod, Girraj, Suresh Singh, Manohar Singh, Virendra Singh, Sultan Singh, Nathu Singh son of Madho Singh, Jaikaran Singh and Ran Singh (M.Cr.C. No. 3966 of 2005).