STATE OF MADHYA PRADESH Vs. PARHALAD SHARMA

JUDGEMENT

(1.) Appearing counsel for the petitioner/State is heard on leave to appeal application filed u/s. 378 (3) of the Cr.P.C.

(2.) Petitioner/Applicant/State has filed application u/s. 378 (3) of the Cr.P.C for granting leave to appeal against the judgment dated 09.11. 2017 passed by first Additional Sessions Judge, Ashok Nagar in Sessions Trial No. 281/2009 whereby present respondent has been acquitted from the charge of Secs. 307, 307/34, 323/34 (two counts) and 427 of the IPC.

(3.) Undisputedly, cross-case bearing S.T. No. 166/10 was pending against the complainant Parveen Shivhare and his companions and both cross cases were decided by trial court on same date. During pendency of S.T. No. 281/2009 co-accused Bablu Kori expired, hence judgment was passed only against present respondent.