STATE OF M.P. Vs. DAYAL

JUDGEMENT

(1.) 44 persons were tried and acquitted of the charge of rioting and committing murder of Ramprasad S/o. Kodan alias Shyam in prosecution of the common object of the Unlawful assembly on 26.9.1983 at village Gangpur, Police Station Nawagarh District Durg vide judgment dated 21.3.1985 passed by 2nd Additional Sessions Judge, Bemetara in S.T. No. 18/84. State's petition for leave to appeal against acquittal of all was however, granted against respondents 1 to 6 and 44.

(2.) LALLU (P.W. 6) was the causin of deceased Ramprasad, Lethal, Fagu and Lakhan (P.W. 1, 5 and 7 respectively) are brothers and residents of village Gangpur from where half of the accused tried in the said trial hailed. This village was sharply divided in two camps due to Panchayat elections and both sides were involved in a number of Court cases. These facts are not in dispute.

(3.) APPELLANTS Dayal and Shersingh pleaded alibi while the remaining appellants' defence is of false implication due to long standing enmity. The defence examined 21 witnesses, a much large number than that of prosecution witnesses, to substantiate that Shersingh was at Bhopal and Dayal at Kawandha at the time of the alleged incident.