STATE OF M P Vs. BAHID KHAN

JUDGEMENT

(1.) The appellant / State has filed this criminal appeal under section 378 (iii) read with section 378 (I) of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.), being aggrieved by the impugned judgment dated 19.3.1994 passed by the court of Sessions Judge, Raisen in S.T. No. 199/92 acquitting the respondent / accused for the offences punishable under section 302 of IPC and section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act.

(2.) The facts in brief of the case are that when the deceased was sleeping on a cot in his courtyard, the respondent -accused entered his house at 3 AM on 31.5.1992 carrying an axe and assaulted him with the axe on his neck, owing to which, the deceased received a severe and fatal injury. On the same day at 12:10 PM an FIR bearing crime no. 144/92 under section 307 of the IPC and section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act, Ex.P/10 was lodged by the injured at the Police station Obeydullaganj, District Raisen. During treatment he died on 9.6.1992. The postmortem was conducted by the Dr. Ashok Sharma and the statement of the witnesses were recorded. After investigation, the charge sheet was filed before the trial curt.

(3.) The respondent - accused was charged with the aforesaid offences and he denied the charges. His examination was conducted under section 311 of the Cr.P.C. wherein he denied all the allegations made against him which came on record in the statements of the witnesses.