ASHA BAI THAKUR Vs. PRAHLAD SINGH

JUDGEMENT

(1.) This judgment shall govern the disposal of this State Appeal as well as Revision petition filed by the complainant, wife of the deceased. against the judgment dated 21/05/1993 passed by First Additional Sessions Judge, Seoni in Sessions Trial No. 47 of 1992 acquitting accused persons persons including the respondent/accused Prahlad Singh Baghel of the charge under section 302, IPC.

(2.) Despite grant of opportunities, none appeared for the petitioner/complainant to argue the revision petition. Learned Panel Lawyer Shri R.S. Shukla has rendered his valuable assistance in the revision petition also, instituted in the year 1993 and argued the State Appeal as well on merits.

(3.) Facts of the case, in short, are that on 09/02/1992 at 6.30 PM Ram Prakash (deceased), employed as a Driver in Balaghat Depot of MP State Road Transport Corporation, was travelling in Sagar-Seoni Bus bearing No. 1701 of MPSRTC. Jagdish (PW- 1) was the Driver and Daulat Singh (PW-12) was the Conductor in the bus. While Driver of bus (PW-1) tried to overtake a truck, respondent/accused who was coming on a motor bike along with other acquitted co-accused persons, objected to the driver of bus (PW-1) saying how he was driving the bus. Altercation took place between the respondent/accused and passengers of the bus. Somehow dispute was settled for a while and passengers started sitting in the bus. When deceased went to road side for easing himself, respondent/accused stabbed knife in his arm pit and leaving the motorcycle on the spot ran away from the place along with the co-accused persons.