ZALIL KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) FEELING aggrieved by judgment and order of conviction dated 3rd November, 1998 passed in Sessions Trial No. 254/88 of Additional Judge to Sessions Judge, Vidisha at Sironj, thereby convicting the appellants under section 148, Indian Penal Code and sentencing them for one year R.I. and fine of Rs. 1,000 each and under section 307 read with section 149, Indian Penal Code for ten years R.I. and fine of Rs. 5,000/ - each, the appellants have come up in appeal seeking redress praying for setting aside of the aforesaid conviction and sentence passed against them.

(2.) THE facts giving rise to the prosecution of the appellants shorn of details lie in a narrow compass:

(3.) IT is not disputed that Gaji Miya (P.W. 3), Bhaiya Miya (PW 8), Nasir Miya (PW 7), Munne Khan (PW 5), Badshah Miya (PW 4), Liak Miya (PW 10) and Mohsin (PW 6) and others. Were also prosecuted under section 307, Indian Penal Code for causing injuries to appellants Pyare Miya, Dulare, Vaheed and Mumtaj. However, that prosecution turned into an acquittal.