STATE OF M P Vs. MAKHAN ALIAS MADAN

JUDGEMENT

(1.) Challenge in these appeals is to the judgment of a Division Bench of Madhya Pradesh High Court at Jabalpur directing acquittal of the respondents who are hereinafter referred to as the 'accused'. The accused persons faced trial for alleged commission of offence punishable under Sections 148, 302 read with Section 149 of the Indian Penal Code, 1860 (in short the 'IPC'). They were found guilty by the Additional Sessions Judge, Betul in ST case No. 169 of 1989 and were convicted and sentenced to undergo rigorous imprisonment for, one years and life respectively.

(2.) Prosecution version in a nutshell is as follows : On 15.7.1989 Premlal (hereinafter referred to as the 'deceased') had called a doctor for treatment of his sister and while he was returning after seeing off the doctor and reached near Kanji House Bazar Bohalla, accused persons had altercation with him and in order to kill, assaulted him by sticks and rod. They also threatened to set on fire his motorcycle at which Laxmi Bai and Maniya Bai (PW5) went there where they saw accused persons assaulting the deceased by rod and lathi as also by fists and slaps. The deceased was shouting for help. Later he became unconscious and fell down and the accused persons fled away from the place of occurrence. Thereafter the deceased was taken by his wife Somti Bai (PW 1) and Maniya Bai (PW 5) to their house in unconscious condition. Report of the incident was given at 4.30 AM to the police station at Sarni, which is at a distance of about 9 Km from the place of incident. Premlal was sent for medical examination to Primary Health Centre from which he was referred to Padhar Hospital for treatment. Premlal succumbed to his injuries on 20.7.1989. After his death, his dead body was sent for post-mortem examination which was conducted by Dr. V.K. Shrivastava (PW 14). In the opinion of the doctor Premlal died due to coma on account of head injury. After investigation charge sheet was filed. Since the accused persons pleaded innocence, the trial was held. The trial court as noted above found the accused persons guilty and convicted them. In appeal, however, the High Court directed the acquittal.

(3.) Learned counsel for the appellant submitted that the High Court should not have discarded the evidence of the eye witnesses.