STATE OF MADHYA PRADESH Vs. MANSINGH

JUDGEMENT

(1.) Questioning acquittal of the respondents by the impugned judgment of the Madhya Pradesh High Court, Jabalpur Bench at Indore, by which the conviction and sentence imposed by the learned Additional Sessions Judge, Ratlam, were set aside, this appeal has been filed by the State of Madhya Pradesh.

(2.) Four persons i.e. respondents herein faced trial for allegedly causing homicidal death of Dharamchand (hereinafter referred as the deceased) on 6.8.1984.

(3.) Background facts as highlighted by the prosecution version sans unnecessary details are as follows: On the fateful day at about 9.30 a.m. deceased accompanied by Mansingh (PW 4) and Gulabsingh (PW 7) was going from his village Talod Alote. The accused persons were hiding behind bushes on the road near village Gharola. They were armed with lathies and farsies. When the deceased and the aforesaid two persons reached near the Khakhra, the respondents surrounded them and started attacking the deceased with weapons with which they were armed. His nose was cut. PWs. 4 and 7 tried intervene, but they were also attacked by the accused persons as a result of which they also received injuries. The two witnesses rushed the police station where PW 4 lodged the FIR (Exhibit P-10). The deceased in injured condition was taken the hospital, and later he succumbed the injuries. Post-mortem was conducted and large number of injuries were found on his body. During investigation the alleged weapons of the assailants were seized. After investigation charge sheet was placed. Appellants were charged for commission of offences punishable under302 read with34 and 324 read with34 of Indian Penal Code, 1860 (for short IPC). During trial accused persons pleaded innocence. They were acquitted for offence punishable under 324 read with 34 IPC, but were convicted for offence under302 read with34 IPC each, undergo life imprisonment. Accused Bhanwar Singh was convicted for offence punishable under 323 IPC, accused Bheru Singh also similar convicted, and each of them were sentenced undergo six months RI for the offence.