JANI AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) At the outset, it may be mentioned that batch of these appeals arising out of judgments dated 30.8.2003 and 6.3.2006 passed in S.T. No.220/1997 being clubbed with batch of other appeals viz. Cri. Appeal Nos.1437/2003, 1513/2003, 1528/2003, 1625/2003, 1648/2003, 1649/2003, 1691/2003, 1707/2003, 1708/2003, 1771/2003 and 1876/2003, arising out of S.T. No. 218/1997 and S.T. No.219/1997, are analogously heard and are, therefore, being decided by two separate judgments. The present judgment will govern disposal of Criminal Appeal Nos.1436/2003, 1514/2003, 1527/2003, 1586/2003, 1626/2003, 1690/2003, 1720/2003, 1782/2003, 1871/2003 and 516/2006.

(2.) These abovementioned appeals are directed against the judgment dated 30.8.2003 and 6.3.2006 passed in Sessions Trial No.220/1997 by the Additional Sessions Judge, Rewa, indicting ten persons for attempt to murder by forming unlawful assembly. While acquitting one of them (A-10), the trial Judge convicted other ten (arrayed as A-1 to A-9 & A-11) and sentenced as under <FRM>JUDGEMENT_3_LAWS(MPH)2_2015.html</FRM>

(3.) Two judgments are delivered by the trial Court. Whereas, against A-1 to A-9 and A-11 (as they were before the trial Court), the judgment was delivered on 30.8.2003 and in respect of accused Chunnu @ Anwar Khan Son of Sher Ali and Tarzen @ Afroz Khan son of Sufiyan Khan, they were tried after the delivery of judgment on 30.8.2003 and were indicted for an offence under Sections 148 read with 307 read with 149 of IPC by judgment dated 6.3.2006. These appeals are, therefore, heard together and disposed of by this common judgment.