SHANKER PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment passed by me shall govern the disposal of above mentioned Criminal Appeals, since both the appeals arise out of common impugned judgment.

(2.) CRIMINAL Appeal No.2309/96 is preferred by the appellant Shanker Patel being aggrieved by the judgment and order of sentence dated 30/11/1996 passed by the Fourth Additional Sessions Judge, Sagar in ST No.184/1995, whereby the appellant was convicted for commission of offence under Section 326 of IPC and sentenced for five years' RI with fine of Rs.1,000/-. In default of payment of fine, six month's SI was also directed.

(3.) THE learned Fourth Additional Sessions Judge after considering the evidence adduced by the parties acquitted the appellant from the charges of offence under Sections 307 and 323 of IPC but convicted him for the offence under Section 326 of IPC and sentenced as mentioned above. The remaining accused persons were acquitted from all the charges.