STATE OF MADHYA PRADESH Vs. NARAYAN

JUDGEMENT

(1.) This judgment shall also dispose of Criminal Appeal No. 1069 of 1980 (The State of Madhya Pradesh v. Narayan and others). Both appeals arise out of Sessions Trial Nos. 56 of 1979 and 79 of 1979 decided by a common judgment dated 29.5.1980 by learned Second Additional Sessions Judge, Sagar. One of the respondents, namely, Makhan alias Ashok was found to be juvenile and was, therefore, tried separately.

(2.) These are State appeals against the acquittal of the respondents of charges under sections 302/149, 147, 148, and 324 of the Indian Penal Code. During the pendency of the appeals two of the Respondents, namely, respondent No. 3 Rama alias Ramchandra and respondent No.9 Ramlal died and the appeal abated against them.

(3.) Village Ghura police station Sanoudha is riven by, party factions. Damodar (P.W. 6), father of the deceased. Nandkishore alias Nandu is the village Patel, but the other faction has been trying for his removal from this office. There were panchayat elections sometime ago and some of the complainants and accused were pitched against one another. The incident in which Nandu lost his life took place on 26.10.1978 between 6 to 7 p.m. In this incident Madhav Prasad (P.W. 1), Deokinandan (P.W. 7) (both brother (sic) of the deceased), Damodar (P.W. 6) (father of the deceased Gayatri Bai (sister of the deceased), Rajkumar and Ganesh, distant relations of the deceased had received various incised and other injuries In the same incident accused respondents Jagdish, Kundan, Ghanshyam and Ghanshyams wife Sharadabai also received incised and other injuries.