STATE OF MADHYA PRADESH Vs. JAGDISH

JUDGEMENT

(1.) THE present is a State appeal under Section 378 of the Code of Criminal Procedure against acquittal of all the five respondents by Sessions Judge Shivpuri in S.I. No. 63/ 84 (State of M.P. v. Jagdish and 4 others) on 11 -9 -1985 under Sections 302/34 of the Indian Penal Code (hereinafter referred to as Code only).

(2.) AS per prosecution deceased Bhagirath in the night between 13 -14 May 1984 was sleeping on the Chabutara (platform) in front of his house. His wife Lohari Bai (P.W.2), daughters Vimla Bai (P.W.3) and Grisham Bai (P.W.5) were also sleeping on the same Chabutara. In the dead of night, Jagdish (R -1) gave certain blows with his Axe which cut the neck of deceased Bhagirath. Other appellants were also seen with Jagdish (R -1), Champa (R -5) had a Farsa, Prakash (R -4) had a Lathi, Ramswaroop (R -3) had a Lohangi while Veeran (R -2) had an Axe. Jagdish (R -1) went to police station Pohari with Naktu (P.W.1), the village chowkidar. Naktu (P.W.1) lodged F.I.R. (Ex. P/1) claiming that some unkown person had killed the deceased.

(3.) AIR 1972 SC 2020.