STATE OF MADHYA PRADESH Vs. SHYAMLAL

JUDGEMENT

(1.) BY means of filing the present application for leave to appeal under Section 378(3) of the Code of Criminal Procedure, 1973, the State has assailed the order of acquittal passed by the learned Chief Judicial Magistrate, Chhindwara (MP) in Criminal Case No. 3140/2003 decided on 27/02/2008. By the judgment under challenge, learned trial judge acquitted the respondents, hereinafter referred as the accused, from the charges of offence punishable under Sections 323/34 and 325 of the Indian Penal Code.

(2.) TO appreciate the say of the applicant/State, I would like to say that basic case that was placed before the trial Court in nutshell is that on dated 28.08.03 complainant Devi Prasad was going to take meal in his elder son's house, while he was passing in front of Shyamlal's house, respondents Shyamlal, Sablal and Ramlal attacked him by means of lathi and far of iron due to previous enmity. On the information, a case was registered against the accused and after completion of due investigation they have been charge -sheeted.

(3.) THE prosecution has examined complainant Deviprasad (PW. 1), Sushila Bai (PW. 2), Sakarlal (PW. 3), Dr. D. Moitra (PW. 4), Aatmaram (PW. 5), Raju (PW. 6), Asadu (PW. 7), Dr. K.K. Shrivastava (PW. 8), Sanju (PW. 9), Vishnu Verma (PW. 10), Dr. Gagan Kolhe (PW. 11) and exhibited 12 documents to prove its case. During the statement under Section 313 of the Cr. P.C. the accused denied all the evidence put up against them and pleaded their innocence. Defence has examined Smt. Savitri Bai (DW. 1) and Subhash Uike (DW. 2).