STATE OF M P Vs. MUNNA ALIAS NARAYAN

JUDGEMENT

(1.) This appeal is filed by the Appellant/State against acquittal of respondent for an offence under Section 302 IPC by the Court of Shri S.L. Jam, lInd Additional Sessions Judge, Gwalior in Sessions trial No. 8/86 decided on 16-8-1988.

(2.) Brief facts of the case are that there was previous enmity between deceased. Mangaram and Beekharam, (father of Respondent Munna) and Brij Kishore, (brother of Respondent Munna). It is alleged that Ashok son of Sitaram has shot Dayanand Pathak over a dispute of a house at Morena. Dayanand was brother of respondent Munna. After the incident, Sitaram and his son Ashok were absconding. Sitaram and deceased Mangaram are brothers. According to the prosecution, Kedar (PW-9), deceased Mangaram and one Badri Baghele were going on their bicycles towards Morar. Mangaram was going to Lashkar for moving application for the release of Ashok on bail. Near Sohsa, a bus of M.P. State Road Transport Corporation was seen by Kedar (PW-9) coming from the side of Morar. Kedar was on the bicycle followed by Mangaram and Badri on their respective bicycles. Kedar (PW-9) saw that the bus was driven by respondent Munna. When Munna saw Kedar (PW-9) he exhorted that today he has come before him and he moved his bus with an intention to run the vehicle over him. Kedar moved away from the street on the pavement to avoid the accident. Respondent Munna raised the speed of the vehicle and dashed Mangaram which resulted into breaking of his bicycle. Mangaram fell on the ground and wheels of the vehicle ran over his legs. Mangaram suffered injuries on his legs, hands and head. He started bleeding from nose and mouth and died on the spot.

(3.) After investigation police filed challan in the Court of Judicial Magistrate, First Class. After committing of the case to the Court of Sessions Judge, charges were framed against the respondent. Respondent denied the charges. Trial Court recorded evidence and acquitted the respondent.