STATE OF MADHYA PRADESH Vs. RAMDAS

JUDGEMENT

(1.) THE appellant-State of Madhya Pradesh has questioned the correctness of the impugned judgment passed by learned Trial Court in Sessions Trial No. 63/90 acquitting the respondent from the offence under Section 302, IPC.

(2.) IN brief the case of prosecution is that on 19-7-1990 at 8. 30 a. m. Raju and his father Nandu (hereinafter referred to as 'the deceased') were in their field. At that juncture accused Ramdas carrying an axe in his hand came there. Accused was saying to the deceased why he has dismantled his mound (Merh) in reply the deceased said that he had dismantled it and whatever could be done by the accused he may do so. It is said that accused brought a Kaatar (pointed stone) from his field and threw it on the deceased which hit his chest. The deceased fell down and thereafter accused came nearby the deceased and wielded 7-8 axe blows on the head of the deceased. On being screamed by Raju, Ratanlal and Tansi arrived there and on seeing these two persons, accused lied towards the village carrying the axe. The deceased became unconscious and ultimately he succumbed to the injuries.

(3.) ON being telephoned by some person to the police, the police party arrived in the village and on its arrival Raju lodged a Dehati Nalish accusing the respondent.