STATE OF M P Vs. PULANDAR

JUDGEMENT

(1.) This appeal against the order of acquittal of accused Pulandar, Puran Singh and Nihal Singh of charges under Section 102/34; I.P.C. passed by Shri B.N. Saxena, the hen Sessions Judge, Bhind, has been preferred by he State.

(2.) Accused Nihal Singh is reported to have lied during the pendency of the appeal. Briefly larrated fact of the case are that there was one Ramsingh, deceased, who was a dacoit and who lad surrendered. He had come out of jail a few days prior to the occurrence. On 22.4.1980, at about 4.15 p.m. he along with Pehalwan singh had one to Gohad Bazar. When he was going from Itayali gate, Gohad Bazar, accused PulanderSingh came out from the lane near the shop of Bharoo Panwala, from behind and fired on him, which hit lim on the back and an injury was caused and through, he fall down near the shop of Dr. Sukhlal. Along with Pulendersingh his brothers Nihal Singh and Puran Singh were also there. Pehalwan Singh (P.W. 4) picked up the injured Ramsingh and took him to Gohad Hospital, where his injuries were examined and his dying declaration was recorded. Intimation was given to the police station Gohad in the meantime. Ramsingh died. A case was registered against the appellants and Nihalsingh and usual investigation took place. After completion of the investigation, charge-sheet was submitted against all the three accused persons.

(3.) The learned Sessions Judge in his well reasoned judgment held that the prosecution has not proved its case against the accused persons and consequently they were given benefit of doubt and acquitted.