STATE OF M P Vs. SURJAN SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by the State under section 378 of the Code of Criminal Procedure against the judgment of acquittal of the respondents -accused in respect of the charges under sections 148 and 307/149 of the Indian Penal Code framed against them in Sessions Trial No. 46/83 delivered by the Addl. Sessions Judge, Rajgarh (Biaora) on 31.12.1984.

(2.) ADUMBERATED in brief, the prosecution case at the trial was that the respondents armed with deadly weapons like Farsas and Lathis, formed an unlawful assembly to attempt to kill P.W. 1 Bharatsingh and in prosecution of this common object mounted murderous attack on him at 6.00 A.M. on 21.11.1982 in village Khajuriya and inflicted as many as nine injuries by sharp cutting instruments on various parts of the body of the aforesaid victim. These injuries were opined by the doctor as grievous in nature and an injury No.5 (left wrist joint) was categorised as dangerous to life. Amritlal (P.W. 2) gave the written -report (Ex.P/1) of the incident at the Police Station Narsinghgarh and on that fulcrum First Information Report was registered (Ex.P/ 37). After usual investigation, challan was filed. The charges as aforesaid were levelled to which the respondents pleaded not guilty, and cased that they have been falsely roped in due to evident enmity generated by an earlier case of murder of the brother of Sarjansingh (one of the respondent accused) against the complainant (P.W. 1) of the present case. After trial, the Sessions Court recorded acquittal. Hence, the State has come up in appeal.

(3.) WE are alive to the principles to be borne in mind in an appeal against acquittal. We may reiterate here the matters to be kept in mind. These are noted as under: -