ASHOK KUMAR JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THESE appeals are interlinked as preferred against the judgment dated 12-11-1990 passed by the II nd. Additional Sessions Judge, Tikamgarh in S. T. No. 125/1988, whereby each one of the appellants stands convicted under Sections 330 and 2001 read with Section 34 of the IPC and sentenced to undergo R. I. for 5 years and 1 year respectively with the direction that the sentences shall run concurrently.

(2.) THE appellants namely Ashok Kumar and Rakesh Kumar (hereinafter referred to as 'a l' to 'a2' respectively) and one Purushottam Das were jointly tried on the charge of murder of Sardar Singh (for short 'sardar' ). In addition, A l and A2 were charged with the offence under Section 201 read with section 34 of the IPC. All the three accused were acquitted of the charge under section 302 read with Section 34 of the IPC and, in absence of any appeal by the state, the order of their acquittal has attained finality.

(3.) THE prosecution story, in short, may be narrated as under:-