- (1.) This appeal by way of special leave granted on 4th February, 2005, is directed against the judgment and sentence passed by the Madhya Pradesh High Court on 31st October, 2003, affirming the judgment of the second Additional Sessions Judge, Shivpuri, (M.P.) in Session Trial No. 133 of 1987 convicting the appellants under Sections 148, 302/149 and 323/149 of the Indian Penal Code and sentencing them for two years R.I. under Section 148 and for life imprisonment under Section 302/149 and for one year R.I. under Section 323/149 Indian Penal Code.
(2.) Of the 12 accused persons, who had originally been charge-sheeted, Shyamlal s/o Munna was found not guilty of the charges against him and he was, therefore, acquitted. Apart from Shyamlal s/o Munna, one other accused, Jairam, was found to be a juvenile during the course of trial and his case was accordingly separated and sent to the Juvenile Court for disposal.
(3.) Consequently, only 10 of the 12 accused persons filed Criminal Appeal No. 30 of 1989 before the Madhya Pradesh High Court, which affirmed the judgment of conviction and sentence passed by the learned Sessions Judge. All the said 10 accused are also the appellants in this appeal.;