(1.) THIS appeal has been preferred against the judgment-dated 25.1.1996 passed by Additional Sessions Judge, Gadarwara Distt. Narsinghpur in S.T. No.20/1994, whereby the appellants, though charged with the offences under Sections 147,302 and 323 or in the alternative 302 and 323 read with 149 of the IPC, were convicted and sentenced as under - <IMG>JUDGEMENT_181_MPJR2_2012img3.jpg</IMG> <IMG>JUDGEMENT_181_MPJR2_2012img4.jpg</IMG> Criminal Appeal No.227/1996 For the reasons recorded in the judgment, all the three co-accused namely Damodar, son of A1 & brother of A3 and Jeevanlal and Pritam, both sons of A2 and nephews of A1, were acquitted of the charges.
(2.) PROSECUTION story, in short, maybe narrated thus -
(3.) LEGALITY and propriety of the convictions have been challenged mainly on the following grounds -