STATE OF CHHATTISGARH Vs. SHANKERDAYAL

JUDGEMENT

(1.) This acquittal appeal is directed against the judgment dated 10- 03-2004 passed by the Special Judge (Scheduled Caste and Scheduled Tribe(Prevention of Atrocities) Act 1989) Bilaspur, in Session Trial No. 113 of 2001, wherein the trial Court acquitted the present two respondents and three other persons namely Krishna Kumar, Shailendra Banjare and Heera Lal Tripathi, for commission of offence punishable under Sections 307/149, 323/149, 427/149, 147, 148, 294, 506-B of the Indian Penal Code.

(2.) In the present case, name of two injured persons are Rajesh Trivedi and Gurudev Awasthi. Charge sheet under Section 307/149 was filed for attempt to commit murder of injured Rajesh Trivedi and charge sheet under Section 323/149 was filed for voluntarily causing simple injury to one Gurudev Awasthi.

(3.) As per prosecution case, there is business rivalry between injured Rajesh Trivedi and late accused Heera Lal Tripathi as both were running security office to deploy the persons for security and there was conflict of interest. On 27-10-2000 at 8.30 pm, accused late Heera Lal Tripathi called Rajesh Trivedi at his security office situated at Parsada for resolving the differences between them. When Rajesh Trivedi and Gurudev Awasthi reached to the office at Parsada, Shailendra Banjare, Krishna Kumar and late Heera Lal Tripathi were present there and the respondents assaulted Rajesh Trivedi and Gurudev Awasthi and abused obscene words against them and threatened them to kill after forming unlawful assembly with deadly weapons and again caused damage to Car bearing registration No. M.P. 26-F4574 belonging to Rajesh Trivedi in order to cause injury. Gurudev Awasthi reported the matter as per Ex.P-7; after registration of FIR, the matter was investigated. After completion of investigation, charge sheet was filed against the respondents. Respondents pleaded innocence and therefore, the trial was conducted. After examination of all the witnesses, statements of the respondents were recorded under Section 313 of the Code.