VISHNU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is against the judgment dated 6-3-1979 where under the appellants have been convicted and sentenced to suffer rigorous imprisonment for five years each for commission of the offence under section 325 of the Indian Penal Code.

(2.) The incident is occurred in the evening of 2nd November 1978, in front of the houses of the appellants, when it is said that the appellants gave beating to the deceased Agnu. The motive behind the crime appears to be the suspicion entertained by Jholatsingh (P. W. 1) of causing the death of his mare by the appellant Vishnu. It may, however, be stated at this juncture, that there is no evidence on record to show that the deceased had, at any time prior to the incident, passed on this information to Jholatsingh (P.W. 1) and/or that appellant Vishnu had come to know of this fact. It is further said that the deceased Agnu while he was passing in front of the houses of the appellants the appellants gave fist blows and kicked him.

(3.) Jholatsingh (P.W. 1), who was also at the spot, escaped from assault as he ran away from the spot. He has been examined as an eyewitness by the prosecution. The statement of Jholatsingh (P.W. 1) was also recorded under section 164 of the Code of Criminal Procedure during the investigation. He has resiled from that statement in his deposition before the learned AddI. Sessions Judge. The prosecution has tendered the statement recorded under section 164 of the Code which is Ex. P-3.