STATE OF M P Vs. HABIB KHAN

JUDGEMENT

(1.) Appellant-State had filed this appeal under Section 378(1) of the Code of Criminal Procedure (henceforth, the Cr. P. C.) aggrieved by the Judgment and order dated 9-5-92, passed by IInd Additional Sessions Judge, Sehore in Sessions Trial No. 102/90, acquitting the respondents of offences punishable under Sections 148, 302. 323, 324 and 325 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'the IPC' for short).

(2.) Prosecution case in brief is that about one year before the date of incident AJij Khan (PW 2) and respondent No. 6 Shabbir Khan contested Panchayat Election, Shabbir Khan was elected resulting in bad blood between complainant party and respondents. On the date of incident at about 5 p.m., Sayeed Khan (PW-8) was returning to his village from village Shyampur after unloading the cart of sugar cane. When he reached near rivar Parwa, he was accosted by respondents Ayub Khan. Hafiz Khan, Jafrudeen and AJij Khan. Jafrudeen questioned him as to why he raised shoe on his father. Shabbir Khan abused him. Thereafter, Sayeed Khan reached his village and went to the house of Chhote Khan and informed him about the incident which took place near river Parwa. They decided to lodge a report. While going to lodge the report they found Noor Mohd.. Ismail Khan, Hanif Khan also sitting in the Goha of village. They informed them also about the incident which took place at Parwa river. All of them concurred to lodge the report of the said incident and proceeded towards police post. In the way Chhote Khan stayed for attending call of nature and others proceeded.

(3.) When they reached near culvert of Ganda Nala. they found the respondents present there. Respondents Ismail, Munna Khan and Hakim Khan were armed with Farsa and remaining respondents were armed with lathis. Respondent Shabir Khan asked the complainant party as to where they were going. In reply, Sayeed Khan informed that they are going to Shyampur police post to lodge the report. Thereupon, respondent Shabir told them that they will be shown as to what the lodging of the report is and started beating. Ismail Khan, Sayeed Khan, Munna Khan, Noor Mohd. and Hanif Khan. After the said assault the respondents took to their heels.