STATE OF M P Vs. PURUSHOTTAM

JUDGEMENT

(1.) This appeal is filed by the State against the judgment of acquittal passed by the Chief Judicial Magistrate, Shajapur in Criminal Case No. 189183 on 4/7/1985 thereby acquitting the respondents of the offences punishable under Sections 147, 326, 325 and 323 read with Section 149 of the Indian Penal Code.

(2.) Briefly stated the facts as are relevant for the disposal of this appeal arc that Chaturbhuj (P.W. 1), and Balkrishna (P.W. 2), the son of P.W. 1 were in their house on 19.3.1982 when the respondents called them out and the respondent Purshottam started assaulting Chaturbhuj, Respondent Munshikhan attacked with Farsi whereas the other respondents attacked with lathis. On shouts and shrieks Balkrishna also came out who was assaulted by respondents Dineshchandra and Shivnarayan by fist-blows. Certain persons intervened. Chaturbhuj lodged the report at the Police Station, marked in this case as Ex. P11. Chaturbhuj was got medically examined and the injuries reports and Ex, P/6, P/8, P/9 and Ex. P110. Ex. P/S is the X-Ray plate. After completion of the investigation, the challan was filed. The respondents were charged -under Sections 147,326,325 and 323 read with Section 149 of the Indian Penal Code, to which they pleaded not guilty. On trial, the Court held that the offences are not proved and hence, the respondents were acquitted of all the charges leveled against them. The State has preferred this appeal.

(3.) We have heard Shri Chauhan, learned Dy. Government Advocate for the State and Shri M.A. Bohara, learned counsel for the respondents.