STATE OF M P Vs. MATHAWA EKKA

JUDGEMENT

(1.) This appeal by the State is against the acquittal of the respondent by jjnd Additional Sessions Judge, Bilaspur, in Sessions Trial No, 95 of 1980, vide his judgment dated 5/12/1980.

(2.) Deceased Ashok Kumar and the respondent were residing in Ghuddeva, Police Chouki Banki Mogra, Tehsil Katghora, District Bilaspur, Ramikbal Singh (P.W. 1) also resides in the same colony. In between the quarter of the respondent and that of Ramikbal Singh there are two more quarters. Along with Ramikbal Singh his maternal nephew Nandbehari (P.W. 2) was also residing, Ramikbal Singhs wife and children used to remain in village. Ramikbal Singh (P.W. 1) Nanobehari (P.W. 2), the respondent and the deceased were employed in Chhurakachhar mine. The respondent used to live in his quarter along with his wife and children. The deceased also lived in a quarter in that colony. One Mahesh Singh also lived in that quarter and thus the deceased and Mahesh Singh were the only two inmates of that quarter. This quarter was opposite to that of Ramikbal Singh. The quarter of one Prayag is also, adjoining to that of the deceased.

(3.) The prosecution story briefly stated is; that on 19.4.1979, at about 6.30 to 7.00 P.M. some quarrel had taken place between one Ashok on the one hand and the wife of Prayag and that of the respondent on the other hand. It is said that the deceased had: misbehaved with the wife of Prayag and for that reason these women were quarrelling with the deceased. At that time the wife of one Choudhary was also present. Ramikbal Singh (P.W. 1) on hearing this quarrel went there and pacified all of them and sent, them to their respective quarters. Ramikbal Singh also returned to his quarter. The deceased on going to his quarter got busy in cooking his meals. Nand Behari (P.W. 2) also went to the deceased and sat near him.