STATE OF M P CHHATTISGARH Vs. BADRU

JUDGEMENT

(1.) THIS criminal appeal by the State is directed against the judgment dated 31. 5. 1989 delivered by the 3rd Additional Sessions judge, Bastar place at Jagdalpur in sessions Trial No. 48/87, whereby the respondents Arjun and Baldeo and deceased corespondents Budru and Raghu were acquitted of the charge under Sections 147, 302 read with Section 149 of the I. P. C.

(2.) THE appeal has abated against the respondents Budru and Raghu, who died during pendency of this appeal.

(3.) PROSECUTION story is that Nakul son of deceased Shivnath was married to the daughter of Budru. However, daughter of budru remarried upon which enmity erupted between Budru and Shivnath. On 2. 8. 1986 an oral altercation had taken place between Shivnath and Budru on the same issue. Shivnath accompanied by Manto, mani, Mansingh and Sitaram was going to p. S. Bhanpuri to lodge a report. Near hathitalab, Farsaguda, oh the main road, budru, Raghu, Arjun, Baldeo and phoolsingh started a fight with Shivnath. Budru assaulted Shivnath by a Farsi on the left wrist, right hand and chest. His companions also assisted in the assault. Sitaram pw 3 and his companions intervened. Sitaram PW3 snatched the Farsi from budru after he sustained an injury on the left wrist. At about 9. 20 p. m. Sitaram PW3 accompanied with Shivnath and Sonsingh pw4 went to P. S. Bhanpuri and lodged the f. I. R. Ex. P3. One iron Farsi with a wooden handle was seized vide Ex. P4 from Sitaram at the time of lodging the F. I. R. On 2. 8. 1986 moharrir Dinkar Prasad Shukla PW8 sent shivnath for medical examination to the government Hospital Bhanpuri. Sometime after medical examination, Shivnath died. Inquest was recorded vide Ex. P14 on 3. 8. 1986. Post-mortem was conducted by Dr. N. S. Thakur PW2 who found the following injuries on Shivnath vide autopsy report ex. P2: <IMG>172crimes22009.jpg</IMG> After completion of investigation, the respondents were prosecuted under Sections 147, 302 read with Section 149 of the IPC. Challan was filed against Phool Singh before the Juvenile Court.