TAHIR MOHAMMAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THE above six appellants/accused took their trial On the allegations that on. 26.5.73 at about 11 p.m. near village Ganaur at the road side they all committed dacoity and in the course of the commission of such dacoity caused the death on one Birbal and also looted cash, wrist watches and ornaments etc. and that in the course of transaction they were armed with the guns, pistols and knives. On the above allegations, various charges were framed against the appellants under Ss. 396,395 and 395 read with S. 397, I.P.C. and under S. 27 of the Arms Act. For better understanding and easy appreciation of the facts of the case, we are making reference to the appellants in the order as arrayed before the trial Court.

(2.) THE brief facts of the case as disclosed from the evidence adduced by the prosecution can be summarised as follows:

(3.) FEELING aggrieved by the judgment of the trial Court the convicted accused preferred appeals before the High Court. The State on being dissatisfied with the order of acquittal of accused Nos. 3 and 4 preferred its appeal challenging the order of acquittal of the two accused persons. The High Court for the reasons assigned in its common judgment dismissed the appeal preferred by the convicted appellants Nos. 1, 2, Sand 6 also allowed the State appeal preferred as against the acquittal of the third and fourth accused and sentenced them to imprisonment for life.