STATE OF MADHYA PRADESH Vs. SHANKAR

JUDGEMENT

(1.) Heard on admission. This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure ("Code" for short) against acquittal of the respondents of the offences under Sections 324 and 326 read with 34 of the Indian Penal Code (for short "the IPC"). The impugned judgment dated 19/9/2011 was passed by III Additional Sessions Judge (Fast Track Court), Katni, in Sessions Trial No. 73/09.

(2.) As per the prosecution story, on 4/3/2008 at about 7.30 a.m., while complainant Kamlesh was cleaning front portion of his house, respondents came there and after filthily abusing him, asked him as to why he was throwing water on the road, and thereafter started assaulting him with Hockeys and Lathis causing him injuries on left side of the head, ear, back, abdomen and private parts. When his brothers Durgesh, Sunil, Anil, mother Shyamvatibai, and sisters-in-law Khushbu and Sadhna, came for his rescue, they were also beaten. Thereafter, neighbours Gangabai and Radhabai intervened and the respondents went away saying that he would be killed if in future he ever spilled water on the road.

(3.) Learned Government Advocate, while making reference to the evidence on record, submitted that the trial Court has erred in appreciating the evidence and the judgment of acquittal deserves to be interfered with.