STATE OF MADHYA PRADESH Vs. MAIYADEEN

JUDGEMENT

(1.) The State has preferred the present appeal against the respondents No.1 to 5 and 13 after getting leave vide order dated 9.1.1995 against the judgment dated 5.10.1993 passed by Additional Sessions Judge, Panna in S.T.No.77/1992, whereby the respondents have been acquitted of the charge under Sections 302 or 302/149 of IPC.

(2.) The prosecution's case, in short, is that, on 16.7.1992, at about 6 p.m., the deceased Anandilal went to offer a pooja at Chabutara (Platform) of Thakur Baba, one mile away from village Banharikala (Police Station Ajaygarh, District Satna). He was accompanied by Shukla Ahirwar (P.W.9), Rammilan (P.W.1) and other family members and relatives. At about 7 p.m., the respondents alongwith other accused persons reached the spot. The respondent No.1 Maiyadeen told the deceased Anandilal that his son had assaulted the son of the respondent Maiyadeen by Chappal and therefore, he would kill Anandilal and suddenly he gave a blow of Lathi (stick) on his head. Thereafter, all the accused persons brutally assaulted the deceased Anandilal with lathis (sticks). Hence, deceased Anandilal died at the spot. Rammilan who tried to save deceased Anandilal also sustained some injuries caused by various accused persons. Similarly, Munnilal (P.W.2), Prabhu (P.W.5), Hirabai (P.W.4) and Raja Bhaiya (P.W.6) also sustained injuries in saving deceased Anandilal. Rammilan took the body of deceased Anandilal to the Police Station Ajaygarh and informed about the incident. Rammilan, Munnilal, Prabhu, Raja Bhaiya and Hirabai had also been sent for their medico legal examination. Dr.V.S.Upadhyay (P.W.15) examined the injured witnesses Rammilan (P.W.1), Munnilal (P.W.2), Prabhu and Raja Bhaiya (P.W.6) and gave his reports, Ex.P/30 to Ex.P/33, whereas Dr.U.K.Gupta (P.W.16) examined the injured witness Hirabai and gave his report, Ex.P/34. Dead body of the deceased was sent for postmortem. Dr.P.C.Shrivastava (P.W.14) had performed the post-mortem on the body of the deceased Anandilal and gave his report, Ex.P/29. The police seized lathis from different accused persons. After due investigation, a charge-sheet was filed before the JMFC, Ajaygarh, who committed the case to the Court of Sessions, Panna and ultimately, it was transferred to Additional Sessions Judge, Panna.

(3.) The respondents abjured their guilt. They took a plea that deceased Anandilal had enmity with so many persons and they had been falsely implicated in the matter. In this connection, Rajkumar Yadav (D.W.1) and Dassu Kontar (D.W.2) were examined as defence witnesses.