STATE OF CHHATTISGARH Vs. RAMLAL YADAV

JUDGEMENT

(1.) This appeal has been filed under Section 378 of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 20-12-2001 passed by III Additional Sessions Judge, Raipur in S.T. No.291/2001, acquitting the respondents of charges under Sections 147, 148, 149 and 307 of the Indian Penal Code.

(2.) Case of the prosecution, in brief, is that on 26-5-2001 at about 8 p.m., while injured Jitendra Hirwani (PW-1) was returning home, the respondents waylaid him and alleging that he had been spreading rumour about respondent Hernial and Kamleshwari Sahu and thereby defaming them, started assaulting Jitendra Hirwani with sticks, hands and fists as well as with knife. At that time, the respondents were threatening him that they will kill him. On alarm being raised by Jitendra, his mother Vimla Bai (PW-4), Amritbai (PW-2) and Janik Bai (PW-5) came there and intervened. After that, the respondents fled from the site of occurrence. Injured Jitendra (PW-1) was first taken to Dr. Sahu of his village, who on seeing the extensive injuries on his body, advised him to go to some big hospital for treatment. Thereafter, when the injured was taken to Medical College Hospital Raipur by his father Ramkumar, Sarpanch Mansharam and other persons of the village, information regarding the incident was given by the doctor present in hospital to the police outpost situated within the premises of hospital. On receiving information, the police from the outpost had come, to whom the information about the incident was given by injured Jitendra (PW-1), which was reduced to writing and got signed by the injured.

(3.) After that, on the application of the police, the injured was got medically examined and was subsequently admitted in hospital. As the incident had taken place at Village-Baloda, situated within the local limits of Police Station - Dharseenva, therefore, information was given by the police outpost situated at Medical College Hospital Raipur to Police Station - Dharseenva. On receiving the information, Sub-Inspector R. N. Sahu (PW-11) proceeded to Medical College Hospital Raipur and reached there at about 0.30 hours on 27-5-2001, but as the injured was, at that time, not in a fit condition to give statement, his statement was recorded at about 9.20 a.m. on 27-5-2001 by R. N. Sahu (PW-11) in the form of Dehati Nalishi (Ex. P/l), on the basis of which FIR (Ex. P/1C) was registered at Police Station - Dharseenva on the same day under Cr. No. 82/01 for the offence punishable under Sections 147, 148, 149 and 307 of the IPC against the respondents.