STATE OF MADHYA PRADESH Vs. PARWAT SINGH

JUDGEMENT

(1.) G.D. Saxena, J. Instant appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by the First Additional Sessions Judge, Guna, (M.P.) on 26/3/1998, in S.T. No. 324/97, whereby present respondents, being accused of the crime, came to be acquitted by the trial Court for the charges levelled against them under Sections 147, 148 and 302/149 of I.P.C.

(2.) PROSECUTION case, as has been disclosed, can briefly be stated that on 30/8/97, at around 4 o' clock, Balwant Singh left to the field of Tagariya towards Ajroda side from his house, after informing his sister named Parwati Bai. His son Gyansingh and Mulchand were also grazing buffaloes in the nearby field of Tagariya at the relevant point of time. At around 5-6 o' clock, they heard noise of scuffling. On reaching the spot, complaint saw that his father Balwant Singh was surrounded by the accused- persons, namely, Ramdayal, Tofan Singh, Parwat Singh, Ramnarayan, Shivcharan, Prakash, Sangram Singh and Narayan Singh. Accused Ramdayal was armed with a sword while other accused, i.e., Tofan Singh with a Luhangi, Parwat Singh with a stone, Ramnarayan, Shivcharan, Prakash, Sangram Singh and Narayan Singh were said to be present on the spot with sticks. The complainant saw accused Ramdayal giving 2-3 blows by means of sword on the left hand of injured; accused Tofan Singh by Luhangi on his head and Sangram Singh by stick. Then, all the accused started beating Balwant Singh by sticks. When Balwant Singh fell down, all the accused dragged him to the field of Ram Singh where Banti Bai hit Balwant Singh by her kicks. Accused Tofan Singh was exhorting other accused to kill Balwant Singh. Due to fear, the complainant fled away from the spot to his house and thereafter accompanying with Mulchand and Babulal went to lodge the report of the incident. On the way, they met with the SHO of the concerning police station Fatehgarh, who co-incidentally was on duty with his superior officer. Accordingly, the SHO recorded the report of the complainant in the shape of Dehati Nalishi, vide Ex.P/1, which was forwarded to the Police station. Subsequently, the FIR (Ex.P/32) was registered against the accused-persons for commission of offence under Sections 302/149, 148 and 149 of I.P.C. After lodging the report, the investigation was set in motion. The dead- body of the deceased was sent for autopsy; case diary statements of the witnesses were recorded; accused were arrested; the weapons used in the crime were seized and sent for chemical examination to the State Forensic Science Laboratory. After completion of usual formalities, the charge-sheet was filed before the court of Judicial Magistrate having the jurisdiction. On committal, the Sessions trial was commenced.

(3.) THE prosecution examined as many as ten witnesses and produced on record oral and documentary evidence. After the evidence of prosecution was over, statements of the accused were recorded by the trial Court under Section 313 of Cr.P.C., after bringing to the notice of the accused incriminating circumstances against them. The defence of the accused was of total denial.