MANU/SC/0800/2019

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IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1411 of 2013

Decided On: 31.05.2019

Appellants: State of Madhya Pradesh Vs. Respondent: Kalicharan and Ors.

Hon'ble Judges/Coram:
M.R. Shah and A.S. Bopanna

JUDGMENT

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.11.2008 passed by the High Court of Madhya Pradesh, Judicature at Jabalpur, Bench at Gwalior in Criminal Appeal No. 43 of 1997 whereby the High Court has partly allowed the said appeal preferred by the original Accused and set aside the judgment and order of conviction and sentence dated 16.01.1997 passed by the learned Trial Court, whereby the learned Trial Court convicted the Respondent-original Accused for commission of the offence Under Sections 148, 302/149, 325/149, 323/149 of the Indian Penal Code and altered the conviction of the accused-Ramavtar from Section 302/149 of the Indian Penal Code to Section 304 Part II of the Indian Penal Code and sentenced him to five years R.I. with fine of Rs. 5000/- and set aside his conviction for the offence Under Sections 148 and 302/149 of the Indian Penal Code; altered the conviction of the accused-Kalicharan to offences Under Sections 323 and 325 of the Indian Penal Code and reduced the sentence to the period already undergone; set aside the conviction of the accused-Amar Singh, Kedar, Abhilakh and Ramgopal Under Sections 148, 302/149, 325/149 and 323/149 of the Indian Penal Code and acquitted them from the charges levelled against them; set aside the conviction of the accused-Tejsingh, Gangaram and Vedari Under Sections 148, 302/149 and 325/149 of the Indian Penal Code and convicted them for commission of the offence Under Section