STATE OF MP Vs. BHAGADIYA

JUDGEMENT

(1.) THIS appeal against acquittal filed with the leave of the Court has been admitted only against two of the four accused persons nemely Bhagdiya @ Kagdiya and Nasriya S/o Chamliya. Of these two accused Nasriya is convicted u/s. 324 IPC, while all other accused persons have been acquitted of the charges u/s. 147,148 and 307/149 of the IPC.

(2.) THERE were two injuried persons namely Dholia (PW 1) and Keriya (PW 2). It is alleged that they were attacked by the accused -respondents by means of bows and arrows and arrow shot injury one each was caused to them. However, as regards to the injury caused to Bholia, the Court below has noted that this witness has given totally contradictory statement regarding the place of occurrence. As per FIR lodged by himself, the incident took place in fields, whereas before the Court he maintained that the incident took place inside his house. The Court below thus entertained doubt as to the genuineness of the incident and availed benefit of doubt to the accused persons and acquitted them all of the charge u/s 307/149 IPC.

(3.) AS regards the charge u/s. 148 IPC and invocation of section 149 IPC, at the outset it may be observed that in the FIR itself only four persons were named as assailants. The police itself had registered offence u/Ss. 307, 447 read with section 34 IPC. It is further noted that there is absolutely no evidence against accused -respondent Mohniya, That reduced the number of assailants from five to three and, therefore, there was no question of convicting any of the accused -respondents u/s 148 or invoking section 149 IPC against them.