SHANKAR Vs. PHOOL SINGH LODHI AND 7 OTHERS

JUDGEMENT

(1.) The applicants have challenged the judgment dated 26.3.1999 passed by the JMFC, Udaipura, District Raisen (Shri K. N. Khan) in Criminal Case No.178 of 1997 whereby the respondents no.1 to 7 were acquitted from the charges of offences punishable under Sections 294, 147, 148, 325, 324, 323 read with Section 149 of I.P.C.

(2.) The prosecution's case in short is that on 5.2.1997 the complainant Shankar @ Guddu (PW1) had lodged an FIR Ex.P/1 at Police Station, Udaipura that he had some enmity with the respondent Hukku and Bhaiyalal relating to payment of consideration of sale of cows and therefore on 5.2.1997 at about 5.00 p.m in the evening the respondents no.1 to 7 gathered near the shop of Radhe Baretha situated at Village Kaniwad and assaulted the victim by sticks, heavy log and other weapons. The complainant was referred for his medico legal examination to Community Health Centre, Udaipura where Dr. S. N. Singh (PW9) examined him and gave his report Ex.P/13. Two incised wounds were found on the victim.

(3.) The respondents no.1 to 7 did not take any specific plea but looking to the defence evidence given by Virendra (DW1), Ravishankar (DW2), Halkeveer (DW3) and Gyani Prasad Sharma (DW4), it appears that they contended that the victim sustained injuries in a disorder committed during a kabaddi match. Also the respondent Phool Singh was not present at the spot at the time of the incident. On the contrary, he was in the School where he was posted as teacher.