CHHOTEY SHIV KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appellant Chhotey alias Shiv Kumar stands convicted under section 302 I.P.C. He was charged alongwith acquitted accused persons, Satya Narain and Munnibai, for the alleged offence under section 302 read with section 34 I.P.C. for committing murder of Chhammulal on L9.1978 at Naka Chandrabadani, Lashkar, Gwalior.

(2.) According to the prosecution case, acquitted accused Satya Narain came to the house of deceased Chammulal and there a wordy quarrel took place between them on the return of Sabble. The incident is said to have taken place in the chowk within the boundary wall of the house of the deceased. The case sought to be proved against the accused was that lathi blows were given by Satya Narain on the head of the deceased and accused Munnibai hit the deceased on his head by a big stone.

(3.) According to the defence version the incident did not take place inside the house of the deceased but it took place in front of their house. It was denied by the accused that Munnibai was present on the spot. The plea of self defence was sought to be proved in the course of cross-examination of the witnesses as admittedly the accused Satya Narain had as many as seven injuries, some of whom were serious in nature, as per the injury report, Ex. D 6. In acquitting the other co-accused Satya Narain and Munnibai the learned trial Judge held that the incident did not take place in the Court-yard of the deceased and the evidence to that effect given by the prosecution witnesses is belied by Ex. p i, F.I.R., as also Ex. p 2 the siteplan, prepared at the instance of P.W. 1 Tilluram and P.W. 2 Harisingh. The learned trial Judge also acquitted Munnibai holding that the prosecution utterly failed to prove that she had used any stone or boulder to hit the deceased.