ARJUN Vs. RANCHHBD

JUDGEMENT

(1.) This petition has been directed by the applicant under Section 378(3) of Cr. P.C. for grant of leave to file appeal against the judgment of acquittal of non-applicants Ranchhod and seven others passed by Sessions Judge, Dewas in S.T. No. 78/2000 dated 6.5.2000.

(2.) Police of Police Station. Industrial Area. Dewas filed a chargesheet for offences under Sections 147. .148. 323. 336. 302 read with Section 149 of IPC against the non-applicants and other two convicted accused persons i.e. Dr. Bhagirath and Bhojraj.

(3.) The prosecution case in short was that on 28.1.2000 in the noon at 12.15 p.m., in village Chhota Tigaria, voting was going on, at Booth Nos. 148 and 149 for Gram Panchayat Election. At the time of said voting, deceased Raghu Ashok S/o Doulatram reached at Polling Centre and asked for ballet papers. On which the polling officer (Pithasin Adhikari) disclosed that Ashok had already polled his vote. It is further alleged by the prosecution that the accused Munna Bhojraj got agitated and after taking out knife from his pocket caused injury at the neck of deceased Raghu @ Ashok. In the meanwhile accused Dr. Bhagirath had also whipped out the Gupti from behind and dealt a blow on the neck of deceased Ashok. Deceased Ashok fell on the ground, thereafter other accused persons/non-applicants reached over there from village having Lathi and also assaulted the deceased. PW 7 Arjun, the applicant tried to intervene. He too was assaulted. It was also the case of prosecution that accused persons pelted stones and also threw chilly powder at the Polling Centre.