STATE OF M. P. Vs. RAMKRISHNA AND OTHERS

JUDGEMENT

(1.) Respondents were put on trial for offence under Sections 148 and 302/149 of the Indian Penal Code. Additional Sessions Judge, Harda, by his judgment dated 16-12-1988 passed in Sessions Trial No. 171/1986 acquitted them of all the charges. State being aggrieved by acquittal of the respondents, has preferred this appeal.

(2.) According to the prosecution, on 9-5-1986 at 9 a.m. Sugna Bai (P.W. 1), who happens to be the daughter of the deceased Brijlal was informed by the sons of Rajaram Teli and Randhir Singh that his father is being assaulted by Ram Krishna, Jagdish Gujar and other persons. Hearing this information, Sugna Bai along with P.W. 5 Ram Pyari Bai, wife of the deceased, Gulab, Basu Bai (PW 2); the daughter in law of the deceased, Komal (PW 3); the son-in-law of the deceased, Bharat and Shyam (PW 7) reached the place of occurrence and saw the accused Ram Krishna, Jagdish, Chanda, Komal, Gokul, Mullu Singh and Ram Niwas assaulting Brijlal by Lakdi. According to the prosecution; seeing these persons, accused persons fled away from the place of occurrence. According to the prosecution witnesses saw ankles of the deceased broken by stone and blood coming out from that. Witnesses also saw injuries over the entire body of the deceased. Thereafter, Brijlal was taken to the Harda Hospital but he succumbed to the injuries. His body was subjected to post-mortem examination by PW 12 Dr. R. K. Garg.

(3.) During the course of investigation, Police seized blood stained earth of the place of occurrence and the stone used in the crime. On the memorandum of accused Jagdish, Ramesh, Ramdayal and accused Ramchandra Lakdi were seized from them. The Patwari prepared the sketch map of the place of occurrence and the articles seized were sent to the Forensic Science Laboratory for examination. After investigation, Police submitted charge sheet against the accused persons who were ultimately committed to the Court of Session.