(1.) This is an appeal preferred by the State against the acquittal of the accused respondents for an offence punishable under Section 307/149 of the I.P.C.
(2.) The prosecution case, in brief, is that there was dispute between Virendra Kumar (P.W.1) and family members of accused Praphulla over the landed property. In a case Virendrasingh (P.W.2) had give evidence on behalf of Virendra Kumar (P.W. 1) and because of that accused respondent Praphulla bore ill-will. On the date of incident i.e. 8.1.1978, being Somwati Amavasya Virendrasingh (P.W. 2), Bhagwansingh (P.W. 4) and Ramratan (P.W. 7) at about 4-5 P.M. proceeded from their village to Vidisha for taking bath in the river. They had just walked about 4 furlong and reached the bus stand. They sat near the well situated at the bus stand and were waiting. At that sper accused Sumit came from His floor mill and called Virendrasingh. Soonafter Virendrasingh reached near the floor Mill, accused Praphulla armed with Farsa and rest of the accused persons armed with lathies came from the hut adjacent to the floor Mill and attacked on Virendrasingh. Accused Praphulla caused 3-4 Farsa blows. Virendera Singh fell down. Then, other accused persons given lathies blows on his body including head, leg, elbow and left hands fingers. Thereafter, accused persons ran away from the spot.
(3.) It is alleged that Bhagwansingh and Ramratan came there and tied cloth on the injuries. At the same time Gumansingh (who has not been examined) came there to whom they narrated the incident and told him to inform Virendra Kumar, who was accordingly informed. Thereafter, Virendra Kumar phoned to P.S. Vidisha and reached Hirnoi bus stand, where Virendrasingh was lying injured and in unconscious position. They managed for a tractor trolly in which Virendrasingh, Bhagwansingh and Ramratan went to Vidisha Hospital and admitted injured Virendra Singh. Thereafter, Virendra Kumar (P.W. 1) reported the matter to the police, registered as Ex. P/i.