STATE OF MADHYA PRADESH Vs. ISHWAR BALARAM

JUDGEMENT

(1.) BY this petition u/S.378(3) of the Cr.P.C. the applicant/State has prayed for grant of leave to file appeal, being aggrieved by the judgment of acquittal dated 27.09.2012 passed by the Additional Sessions Judge, (Fast Track), Ujjain, in Criminal Case No.282/2010 acquitting the accused respondents from the offence under Sections 147, 307/149, 325/149, 323/149, 342, 452 of the IPC.

(2.) BRIEFLY stated the prosecution case is that the on the basis of M.L.C. police check post District Hospital, Ujjain noted the entry in the daily diary/Rojnamcha at No.101; that Investigating Station Officer had recorded the statements of injured Baddaji s/o Ramaji, Kanahiyalal s/o Baddaji, Gokul s/o Baddaji and Ramkunwarbai w/o Gokul that on 08.01.2010 Baddaji was sleeping near the jungle Parsoli well; when at approximately 2.00 am in the night Ishwarlal s/o Balaram resident of Parsoli, Dayaram s/o Nagu resident of Ghulatiya and seven and eight other armed persons with lathis, dhariya and farsi came with common object to kill him (Baddaji) due to prior dispute of laying of the pipe line. They assaulted him and caused fatal injuries and restrained/confined all the aforesaid witnesses in the room up to 5.00 am in the morning and hence offence under Sections 147, 307/149, 325/149, 323/149, 342, 452 of the IPC were registered. The information was recorded at 10.00 am on 08.4.2010 when the duty dresser Rahul Pandia, (who was on duty at the District Hospital Ujjain) brought a piece of paper on which it was written that the injured Baddaji, Gukul, Kanhaiyalal, Ramkunwarbai, Sagarbai and Tejulal had entered the house and were assaulted by thieves. The matter was investigated and registered at Crime No.180/10 vide the FIR. The Investigating Officer Yashwant Pal (PW.22) made an inquiry on 08.04.2012 and prepared the spot map Ex.P/9 on the instructions on Babulal and the Investigation was launched.

(3.) AFTER completion of investigation the accused respondents were arrested and committed to their trial and they have stated that they have been falsely implicated in the matter. On considering the evidence however the trial Court has acquitted the accused respondents, hence the present application for grant of leave to file the appeal.