HABIB Vs. STATE OF MP
LAWS(MPH)-2010-10-12
HIGH COURT OF MADHYA PRADESH
Decided on October 22,2010

HABIB Appellant
VERSUS
STATE OF MP Respondents


Referred Judgements :-

RAM LAKHAN V. STATE OF U.P. [REFERRED TO]
SHIVAPPA VS. STATE OF MYSORE [REFERRED TO]
NOOR MOHAMMAD MOHAMMAD YUSUF MOMIN VS. STATE OF MAHARASHTRA [REFERRED TO]
BUDHSEN VS. STATE OF UTTAR PRADESH [REFERRED TO]
SAKTU VS. STATE OF UTTAR PRADESH [REFERRED TO]
RAJ KUMAR ALIAS RAJU VS. STATE OF UTTARANCHAL [REFERRED TO]


JUDGEMENT

- (1.)These appeals are interlinked, as preferred against a common judgment dated 23.08.2007 passed by Eighth Additional Sessions Judge, Bhopal in S.T. No. 142/2002 whereby the appellants were convicted and sentenced as under:
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(2.)By that judgment only, co-accused Aziz was acquitted of the offences punishable under Sections 395 and 395 read with 397 of the IPC. It is relevant to note that the judgment is conspicuously silent about the offence under Section 25(1B)(a) of the Arms Act, 1959 with which the appellant Khalid was charged. No appeal has been preferred by the State against the express or implied order of acquittal. Moreover, none of the absconding co-accused namely Mustaqeem, Raees, Zahid and Laeek Khan has been traced as yet.
(3.)For the sake of convenience, the appellants and the co-accused shall be referred to by their respective names only.


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