STATE OF MADHYA PRADESH Vs. DHARMA SINGH

JUDGEMENT

(1.) HEARD on admission.

(2.) THE State has preferred an application for grant of leave to appeal under Section 378(3) of the Cr.P.C. against the judgment dated 8.3.2010 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Tikamgarh in Special Case No.318/05, whereby the respondents have been acquitted from the charges of offences under Sections 302 or 302/34 of the IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act (hereinafter referred as 'the Special Act').

(3.) THE prosecution's case in short is that on 21.7.2005 at about 8 -9:00 p.m., the respondents were playing gambling with the help of play cards at village Sukwaha (Police Station Kotwali, Tikamgarh). The deceased Bhagola was standing near them. The respondents directed him to go away and when he did not comply their directions, they assaulted him by kicks and fists. The respondent Dharam Singh had also assaulted him by a stick. After sometime, the deceased Bhagola was found in a ruined house. Malua father of the deceased alongwith other witnesses took him to the house. The deceased was complaining about pain in his abdomen and told about crime committed by the respondents. He was taken to the hospital but on the next day, he died at Government Hospital, Tikamgarh. After due investigation, the charge sheet was filed.