LAWS(MPH)-2009-5-49

STATE OF MADHYA PRADESH Vs. MOHAN MISHRI LAL

Decided On May 11, 2009
STATE OF MADHYA PRADESH Appellant
V/S
MOHAN MISHRI LAL Respondents

JUDGEMENT

(1.) THE State is in appeal against acquittal of all the respondents in respect of the offences punishable under Sections 120-B, 302 and in the alternative of 302 read with 34 of the IPC and Sections 25 and 27 of the Arms Act. The corresponding judgment passed on 09. 11. 1992 by Additional Sessions Judge, harda in Sessions Trial No. 207/1991 is the subject matter of challenge in this appeal.

(2.) THE prosecution case, in short, may be stated thus : -

(3.) ALL the respondents were charged with offences punishable under Sections 120-B, 302 and in the alternative 302 read with s. 34 of the IPC and Sections 25 and 27 of the Arms Act. They abjured the guilt. In their examinations, under Section 313 of the code of Criminal Procedure (for short `the Code'), they specifically pleaded false implication due to prevailing animosity in view of party bandi (group rivalry ).