STATE OF MADHYA PRADESH Vs. ANIRUDDH

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment dated 20.7.1999 passed by the JMFC, Balaghat (Savita Dubey) in criminal case No.354/1998, whereby the respondent was acquitted from the charge of offence under Section 380 of IPC.

(2.) THE prosecution's case, in short, is that, on 15.9.1994, at about 9 p.m., the respondent was called for witchcraft to cure mother of Tejram in the house of Tejram, situated at village Naksi (Police Station Kirnapur, District Balaghat). The respondent told the persons present at the spot to go little away, so that he would chant in the ear of Tejram's mother. He touched ears of mother and assured that she would be alright after 4 hours. Thereafter, it was found that blood was oozing from ears of mother of Tejram and her golden earrings were missing. Immediately Tejram, Madan Lal and Roshanlal went behind the respondent and caught him in the way. Thereafter, the respondent gave golden earrings back to Tejram. An FIR was lodged at Police Station Kirnapur. Golden earrings were recovered from Dhondu (P.W.11), cousin of Tejram. Test identification by those earrings was also arranged and a memo, Ex.P/6 was prepared by Ishwari Prasad (P.W.12). After due investigation, a charge -sheet was filed.

(3.) THE respondent abjured his guilt. He did not take any specific plea. However, he has stated that he is falsely implicated in the matter. However, no defence evidence was adduced.