STATE OF M P Vs. TEEKARAM UDAI SINGH

JUDGEMENT

(1.) THESE 21 respondents were charged and tried under Sections 148 and 302/149 of the Indian Penal Code for murder of one Ghuman Singh in the afternoon of 22nd March, 1981 , in village Pada Rasoi within the jurisdiction of Police Station -Rahatgarh, district -Sagar. The learned IInd Additional Sessions Judge, Sagar, in Sessions Trial No. 246 of 1981, disbelieving the prosecution witnesses, acquitted all the respondents against which this Appeal by the State has been preferred.

(2.) THERE were said to be two groups in village Pada Rasoi -one Yadav's and another Thakur's. It is said that in the forenoon of 22nd March, 1981, there was a Marpit between Yadav's group and Thakur's group for which a report Ex. P/7 was lodged. In the afternoon at about 2 p.m. Rameshwar (P.W. 12) saw the respondents coming from the side of the villages Dhanora and Mainwara, armed with gun, spears, Katarna and Lathis, and he, therefore, hid himself behind the Patiya of the house of one Sher Singh. Some persons of the complainant party were sitting in the Por of house of Ramcharan (P.W. 13) and seeing the Thakurs coming armed with deadly weapons, they rushed inside the house of Ramcharan Yadav out of fear. But before all of them could enter into the house, the respondent No.2 Lokhman alias Laxman accosted to kill them and, therefore, the respondent No.1 Teekaram fired twice with his 12 -bore gun hitting Ghuman Singh Yadav on the right side of his chest and then all went away. When the injured Ghuman Singh was being taken to Police Station - Rahatgarh on a bullock -cart to lodge the report, he died on the way. The Police Sub -Inspector Sitaram Pateria met them on the way of whom Deheti Nalish (Ex. P/6) was made by Rameshwar (P. W. 12) at 6.10 p.m. on the basis of which First Information Report (Ex. P -7) was recorded.

(3.) AT the trial, all the respondents abjured their guilt and pleaded false implication. The respondent No. 2 Lokhman alias Lakshman Singh also took the plea of alibi that on the date of alleged occurrence he was admitted as an indoor patiern in Begumganj Hospital and adduced evidence in that behalf. The learned trial Judge however, on scrutiny of the prosecution evidence, came to the conclusion that the prosecution had failed to establish the guilt against any of the accused/respondent and, therefore, acquitted them all.