STATE OF MADHYA PRADESH Vs. RAMCHARAN

JUDGEMENT

(1.) THIS appeal is filed by the State, challenging judgment, dated 13-3-87 passed by Additional Sessions Judge, Guna in Sessions Trial No. 14/86 whereby the Sessions Court has acquitted the accused persons for committing offences under Sections 148,302/149, IPC.

(2.) PROSECUTION story is that the accused persons on 29-11-85 at about 8. 00 in the morning illegality assembled together with an intention to cause death of deceased Karodilal @ Birbal s/o Halkeram. They attacked the deceased with guns, Farsi, Sang, Lohangi, Gandasi, Lathi and other weapons. Due to the injuries sustained, Karodilal died. It is admitted position that accused persons are closely related to each other and belongs to same family.

(3.) COMPLAINANT Ramcharan (P. W. 8) has lodged a report (Ex. P-15) on 29-11-85 at 11. 30 A. M. that Karodilal was taking his cows with him. When he reached near the house of accused Ramcharan, Ramcharan came out from the floor mill run by him in his house and stopped him and asked why he has lodged the report against his persons. He also shouted asking other accused to come forward and attack the deceased. Accused Ramcharan gave a blow of farsi in the head of Karodilal due to which Karodi fell down. Shrikrishna gave a blow of farsa on the right hand of the deceased. Accused radheshyam gave a farsi blow on the forehead of the deceased. Accused Gopal gave a farsa blow on the leg of the deceased while other accused Girdhari, ramdayal, Chhote and Shyam gave the blows of lathi to the deceased. Accused kailash gave a blow of Gandasi to the deceased. Due to the injuries sustained by the deceased, he died on the spot. This incident is witnessed by four eye-witnesses Gourishankar (P. W. 7), Ramcharan (P. W. 8), Rambabu (P. W. 9) and Ramprasad (P. W. 10 ). Ramcharan (P. W. 8) was on his agricultural farm at the time of accident. In the FIR (Ex. P-15), it is alleged that 12 years prior to the incident brothers of accused Ramcharan has caused murder of brother-in-law of complainant Ramcharan and since then there was enmity between them. The police after investigation filed a challan against the accused persons and the Sessions Court after recording the evidence acquitted the accused persons, hence this appeal.