- (1.) This order shall dispose of Criminal Appeal No.1711 of 2007 also as both the appeals arise out of the common judgment and order passed by the Division Bench of the High Court of Madhya Pradesh at Indore, in Criminal Appeal No. 328 of 1995, preferred by accused Gopal and Criminal Appeal No. 429 of 1998 preferred by accused Shankarlal, Nandlal, Dinesh and Chhote @ Chhotalal decided on 19.10.2005.
(2.) Five accused were charged and prosecuted for commission of offences punishable under Section 147, 148, 302/149, 323/149 IPC in the court of 3rd Additional Sessions Judge, Ratlam, Madhya Pradesh in Sessions Case No. 227 of 1992. The Trial Court pronounced the judgment on 31.3.1995, holding the accused Gopal guilty for commission of offences under Sections 148, 302,323/149 IPC, accused Shanker Lal and Nand Lal under Sections 148,302/149, 323 IPC, accused Chhotelal and Dinesh under Sections 148/302/149,323/149 IPC and awarded punishment together with fine as described in its judgment.
(3.) Against the said judgment and order, as mentioned hereinabove, two criminal appeals were preferred before the Division Bench of the High Court, which were disposed of by the common impugned judgment.;