PREM NARAYAN Vs. GIRISH

JUDGEMENT

(1.) Delay, if any, in preferring the appeal, is hereby condoned. Heard on admission.

(2.) This appeal has been preferred under Section 372 of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 09/03/2010 passed by Special Judge (under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act")) at Sagar in Special Case No. 09/2008, whereby respondent nos. 1 to 4 namely Girish, Pancham Singh, Dulichand and Kamlesh have been acquitted of the offences punishable under Sections 148, 302/149, 323/149 of the Indian Penal Code ("IPC" for short) and Section 3(2)(v) of the Act.

(3.) Prosecution case, in brief, is that on 30/08/2007, Sunil (since deceased), who had gone to purchase medicines with Ballu alias Balram, returned home and apprised his father viz. complainant Premnarayan that they had an altercation with Pancham Patel, associate of one Kamlesh from whom they had to take Rs. 100/-. As they had returned without bringing the medicine, they again went to purchase the same, but did not return. Next day, at about 6 a.m., Mukesh Prajapati apprised the complainant that Sunil was lying in the garden situated in front of the house of Pancham Patel. Complainant went to the house of Ballu, who informed him that in the last night between 10.30 to 10.45 p.m., they were surrounded and assaulted by Pancham Patel, Duli Patel, Girish Patel, Kamlesh Patel and Sanju Patel, who were armed with Lathis and Yashpal Patel, who was armed with a Sword. Ballu escaped from the spot and was not aware whether Sunil could flee or not. On the aforesaid information, First Information Report (Ex. P/6) leading to registration of Crime No. 329/07 in respect of the offences punishable under Sections 302, 147, 148 and 149 of the IPC was recorded and after investigation the respondents were apprehended and charge-sheet was filed.