STATE OF MADHYA PRADESH Vs. PARAMLAL

JUDGEMENT

(1.) Appellant/State has preferred this appeal against the order of acquittal of the respondents under Section 147, 302/149 of IPC passed by 4th Additional Sessions Judge, Chhatarpur in S.T. No.10/91 vide judgment dated 29.12.92.

(2.) As per prosecution allegations, on 13.10.90 about 7:30 in the evening when deceased Nandkishore was returning back to his house at Tiwarin Purva alongwith his buffalo and reached near Athai (public platform), respondents armed with lathi intercepted him and began assaulting him by lathi. On hearing the screams of Nandkishore, his brother Chhotelal and other family members reached there and whooped as to why they were assaulting him, respondents then said that they would kill him and fled away after assaulting him. As a result of lathi blows on the head and other parts of the body, Nandkishore fell unconscious. He was then taken to his house by his brother Chhotelal, but Nandkishore did not regain consciousness. His brother Chhotelal then took him to the Police Station Civil Lines, Chhatarpur on a bullock-cart and lodged the FIR, on the basis of which an offence was registered against the respondents and co-accused Jaggu and was investigated. Injured Nandkishore was sent for medical examination and was admitted in the hospital, where he succumbed to his injuries on 14.10.90. Merg inquest report was prepared and the dead body of deceased was sent for postmortem examination. During investigation lathis used in the commission of offence were discovered at the instance of the respondents. After due investigation, respondents were prosecuted under Section 341, 323, 506-B, 147, 148 and 302 of IPC and were put to trial. Co-accused Jaggu being juvenile, was sent to Juvenile Court.

(3.) Respondents were charged and tried under Section 147, 302/149 of IPC before Sessions Court. Respondents abjured the guilt and pleaded false implication due to enmity.