STATE OF M. P. Vs. CHHAGAN

JUDGEMENT

(1.) Appellant/State has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") against the impugned judgment dtd. 20/5/1999 passed by the Judicial Magistrate First Class, Sardarpur, District Dhar in Criminal Cae No.859/98, whereby the respondents/accused persons have been acquitted from the charges punishable under Sec. 147, 336 & 323 of IPC.

(2.) Brief facts of the case are that on 23/5/1994 Dhulji Patel, brother of the complainant Haresingh was elected as a Sarpanch from Khankedi Panchayat by defeating respondent No.7/accused Hare Singh. Dariyav Singh and other persons called Dhulji at village Aantedi for welcoming him. Complainant Haresingh, Dhulji Patel, Harisingh, Bharat Singh, Mahesh, Rameshwar, Ramesh, Bhuvan and other persons reached by tractor at village Aantedi and after the completion of function they were coming back to Khankedi. While passing through the house of the respondent No.8/accused Mathuralal, suddenly respondents started pelting stones and chilli powder over them. Lineman Dulesingh switched off the electricity connection, but accused persons pelted stones continuously, due to which victim persons sustained certain simple injuries. Complainant Haresingh lodged an FIR at P.S. Amjhera. MLC have been conducted regarding the injured persons.

(3.) After completion of the investigation, charge sheet has been filed before the trial Court and charges under Sec. 147, 336 & 323 of IPC have been framed against the respondents/accused persons. They abjured their guilt and pleaded for trial. After completion of the evidence of both the parties, the trial Court by the impugned judgment acquitted all the accused persons/respondents from the aforesaid charges. Being aggrieved by the impugned judgment of acquittal, appellant has preferred this appeal.