STATE OF MADHYA PRADESH Vs. SHRIKISHAN

JUDGEMENT

(1.) In Sessions Trial No. 108 of 1979, five persons were tried on charges of attempt to murder etc. The sixth Additional Sessions Judge, Jabalpur, by his judgment dated 19-7- 1979 acquitted all the accused persons. Feeling aggrieved by that acquittal, the State has preferred this appeal.

(2.) During the pendeney of this appeal, respondent No.1 Shrikishan died and so by order dated 19- 10-1982, this appeal as against Shrikishan stood abated.

(3.) Balkumar (P.W. 1) is the younger brother of Santosh Kumar (P.W. 2). Gopaldas (P. W. 5) is also their brother. Balkumar (P.W. 1) runs a flour mill, while Santosh Kumar has a grocery shop. Respondents Krishna Kumar and Munna alias Ashok are the brothers-in-law of deceased Shrikishan. Respondent Anand Kumar is the son of deceased-respondent Shrikishan. Respondent Shiv shanker is the maternal nephew of Shrikishan. Deceased - respondent Shrikishan had instituted some proceedings regarding ejectment against Remeshwar Prasad father of Balkumar (P.W. 1) and Santosh Kumar (P.W. 2). It appears that a decree had also been passed, but had not been executed. In that litigation 13-2-1979 was the date fixed before the appellate Court.