STATE OF MADHYA PRADESH Vs. MANOJ

JUDGEMENT

(1.) Feeling aggrieved by the judgment of absolvitur dated 26.03.2009 passed by learned Sessions Judge, Sagar (M.P.) in Sessions Trial No.459/2008 acquitting the respondent-accused from the charge punishable under Section 307 IPC, the State of Madhya Pradesh has preferred this appeal after obtaining leave to file appeal under Section 378(1) of the Code of Criminal Procedure, 1973.

(2.) On bare perusal of the order-sheet dated 13.7.2009 this Court finds that leave to file appeal was granted and appeal was admitted for hearing and it was further directed to issue bailable warrant of Rs.20,000/- for the production of the accusedrespondent in the Registry of this Court on 7.12.2009.

(3.) In brief, the case of the prosecution is that the complainant/injured Kamlesh (hereinafter referred to as "the complainant") is a labourer. On 2.12.2006, the accused came at 8 p.m. at the place of the injured and asked him that he will deploy him as labourer and he will earn at least Rs.80/- per day. At that juncture, the mother and the wife of the complainant were present in the house. Thereafter, the complainant along with the accused went firstly to Rahatgarh and thereafter on the insistence of the accused they had gone at 12 in the night nearby the bank of Beena river. It is the further case of the prosecution that the accused asked the complainant to pick up the pistol, upon which the complainant told that he cannot pick it up. Thereafter, it is said that again the accused-respondent interacted with him and said that his hand is quite long and therefore, after bending his body in the ditch he may be able to pick up the pistol. Thereafter, it is said that accused caught hold of one hand of the complainant and he (complainant) bent to pick up the pistol and at that juncture in order to kill him, the appellant pulled his hand forcibly as a result of which he (complainant) fell in a ditch having the depth of 60-70 feet. According to the prosecution, the injured-complainant received several injuries on his waist, hands and legs on account of his fall in the ditch.