RADHIKA BAI Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission. 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 15/6/11 passed by II Additional Sessions Judge, Waraseoni, District Balaghat, in Sessions Trial No. 22/2010, whereby respondent nos. 2 & 3 namely Shivlal and Kamlesh, have been acquitted of the offences under Sections 147, 148, 302 in alternative 302 /149 and 120B of the Indian Penal Code (for short "IPC").

(2.) Prosecution case, in brief, is that on 2/12/09 at about 9.30 a.m., while her husband Diliram along with their son Ashish had gone to the fields leaving her at home, Radhikabai was informed by her daughter Alka that Diliram had been assaulted, whereupon, she along with Alka went to the fields and found that her husband Diliram, drenched with blood, was lying on the ground and Ashish was crying near him. On asking, Ashish informed that when Diliram was coming with a Spade to shoo the monkeys off the field, then in the field of Narayan, Dilesh Ahir, Motu Ahir, Ravi Ahir and Radhelal Ahir filthily abused Diliram, and saying that he always used to commit theft in the fields, Dilesh assaulted with a Danda on his head while Ravi was armed with an Axe and all the four jointly assaulted Dilesh due to which he fell on the ground and as Ashish screamed, all the miscreants fled. Hearing the commotion, Ramesh Pawar and other inhabitants of the Village came on the spot. Diliram received injuries on his head and right hand. First Information Report (Ex. P/1) was lodged by appellant no. 1 Radhika. After completion of investigation, charge-sheet was filed.

(3.) Learned counsel for the appellants, 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.