STATE OF MADHYA PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS is an unfortunate case. The dead body of Mohan s/o Tekbahadur, a police constable, was recovered from a well on 5th of October 1978. As per the prosecution, on the night of 3rd and 4th of October 1978, there was Raslila. Accused/respondents Ashokkumar, Hukamchand and Dwarika were also there. At about ll'o' clock, the accused left the place where Raslila was going on. Mohan also accompanied them. The accused/respondents came back after some time. Mohan was not with them. The needle of suspicion, thus, was pointed towards the accused. It may be seen that accused Dwarika was of nineteen years of age, whereas, Ashok Kumar and Hukamchand were of fourteen years of age, on the date of occurrence.

(2.) THE matter was put to trial. The learned First Addl. Sessions Judge, Morena recorded a judgment of acquittal. The State has come in appeal.

(3.) WHEN the matter was taken up for arguments, the learned counsel, for the respondents, submitted at the outset that the trial was vitiated. For this, he relied upon the provisions of M. P. Bal Adhiniyam, 1970. According to him, two of the respondents were below sixteen years of age and as such, the Court of Session could not take cognizance of the matter.