STATE OF MADHYA PRADESH Vs. BADRIPRASAD

JUDGEMENT

(1.) This appeal is directed against the acquittal of accused by the trial Court vide judgment dated Sept. 8, 1989, in Sessions Trial No. 83/1987. Leave has been granted against Badriprasad, Ravindrakumar and Mahesh only. Therefore, the matter is to be examined with this background.

(2.) Precisely, the prosecution case is that on 10-2-1987, at 8.15 a.m. in Civil Ward No. 2 Damoh, accused, armed with sword, dharia, lathi, rod and stones, assaulted complainants Umashanker, Gayaprasad, Rakesh, Kamlabai and Ku. Anju as a result of which the complainants suffered injuries on their bodies. In case of Gayaprasad, injuries are stated to be serious, while in case of others, they are simple in nature. Complainants are related to each other and their houses adjoin each other.

(3.) The incident took place on 10-2-1987, at about 8.15 a.m. and report Ex. P1 was lodged the same day at 8.45 a.m. by Umashankar (P.W. 1) . After investigation, medical examination of the complainants and the accused, recording of evidence and carrying out further investigation, accused were prosecuted for offences under Section 148/307 and 149/294 of the I.P.C.