STATE OF M.P. Vs. CHHAGAN

JUDGEMENT

(1.) THIS appeal, filed with the leave of the Court, under section 378 of the Code of Criminal Procedure is directed against the judgment dated 9.2.1995, rendered by 1st Additional Sessions Judge, Dhar, camp Sardarpur, in Session Trial No. 151/1991, acquitting accused respondent Chhagan of the charge under section 307 of the Indian Penal Code.

(2.) BRIEFLY stated the case of the prosecution against the respondent accused in the trial Court was that on 1.3.1991, around 11.00 O'clock in the forenoon, Kesu (PW 1), accompanied by Bandu (PW 2) and others were on way to village Tirla when they were intercepted by the accused respondent who gave one arrow shot to Kesu in his stomach and then attacked him by means of a phalia causing extensive injuries on his head, ear and shoulder right side. Bandu had also received injury at the hands of the accused. A report of the incident was lodged by Kesu the same day at 12.30 p.m. at Police outpost, Keshvi. The Police registered a crime u/s 307 of IPC and the investigation followed : Kesu and Bandu were referred to District Hospital, Dhar, for examination and treatment. The Police visited the spot and prepared spot map. The accused was arrested on 2.3.1991 and the weapons of offence used by him were recovered from his possession. After other necessary investigation he was charge sheeted for his trial which, however, ended into his acquittal, thus, giving rise to this appeal by the State.

(3.) SHRI Desai, learned Public Prosecutor strongly criticized the impugned judgment and submitted that the impugned judgment in the case though turns on the facts, is clearly wrong and involved miscarriage of justice. He dealt with the evidence of complainant -injured Kesu (PW 1) together with the medical evidence on record almost threadbare in his endeavour to show that the learned trial Judge was altogether wrong in acquitting the accused -respondent.