STATE OF MADHYA PRADESH Vs. NANDI

JUDGEMENT

(1.) This is an appeal preferred by the State against acquittal of the respondents and their four companions, in respect of the offences punishable under Sections 148, 302 and 307 read with Section 149 of the IPC, as recorded on 12.10.1992 in S.T. No.13/92 by the Additional Sessions Judge, Panna.

(2.) It is relevant to note that vide order dated 01.02.1993, leave to appeal was refused in respect of the other four co-accused namely Parshottam, Uma, Manga and Gopi arraigned in the charge-sheet as the accused nos. 2, 7, 8 and 11 (hereinafter referred to as A2, A7, A8 and A11 respectively). Further, the appeal, so far as it relates to respondent/accused no.9 namely Kripal @ Ramkripal (for short 'A9'), has abated consequent to his death during pendency thereof. As such, we are required to examine merits of the judgment of not guilty as passed in favour of the other 11 accused/respondents namely, Nandi, Anandi Lal, Janki, Fundar, Rajaram, Jeevan, Ramsut, Jayram, Ram Manohar, Tirath and Premlal (hereinafter referred to as A1, A3, A4, A5, A6, A10, A12, A13, A14, A15 and A16 respectively).

(3.) The prosecution case may, briefly, be stated as under: