STATE OF MADHYA PRADESH Vs. RAJESH

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 19-5-92 of the Ist Addl. Sessions Judge, Shajapur passed in S. T. No. 178/91 whereby accused-respondents have been acquitted of offences punishable under Sections 307/34 and 324/34 of IPC for having committed attempt to murder of Jagdish and for having caused simple injuries by dangerous weapon to Babulal in pursuance of common intention of their all; on 23-4-91 at 9 p.m. in village Jhanker.

(2.) The prosecution story in brief is that accused Rajesh and Ajaykumar both are sons of accused-respondent Shivnarain. D.W. 2 Urmiladevi is the wife of Shivnarain.P.W. 2 Jagdish and P.W. 4 Rameshchandra are real brothers. It appears accused persons own a video hall and probably entertain persons.On the date of incident i.e. 23-4-91 at about 9 P.M. Jagdish was urinating infront of and at the junction of the house of Manaklal and accused Shivnarain. The same was objected to by Shivnarain. It is alleged that Shivnarain abused Jagdish by mother and asked his sons Rajesh and Ajaykumar for assaulting. Accused Rajesh, Ajaykumar and their mother w/o Shivnarain and one daughter of Shivnarain came out. BabulalSoni from the side of Jagdish had also come on the spot. Rajesh caused stab wound on the abdomen of Jagdish. Accused persons thereafter left the place of incident and went to their house.Police Sub-Inspector P. K. Sharma (PW 5) received a cryptic telephonic message about the incident and recorded the same in Rojnamcha Sanha No. 1021 dated 23-4-91 vide Ex. P/11 and came to village Jhonkar. Matter was reported by Jagdish on the same night at about 9.45 P.M. who registered an offence under Sections 307/34 vide Crime No. 0/91 Dehati Nalishi was sent to Police Station for registration of the offence.Shri Sharma (PW 5) referred Jagdish and Babulal Soni for medico-legal examination with a letter of request vide Ex. P/8 and P/9 and made further inquiry vide Ex. P/10 about the injuries.

(3.) Shri M. S. Sekhawat, Station House Officer (PW 9) registered the same with Crime No. 46/91 vide Ex. P/17. Shri Sekhawat reached the spot on 24-4-91, prepared site-map Ex. P/6. There were blood marks on the pant and underwear of Babulal Soni. The same were seized vide Ex. P/7. Ashokkumar produced one Kurta. The same was seized vide Ex. P/18. Accused Shivnarain was arrested on 30-5-91 vide Ex. P/19. Accused Ajaykumar was arrested on 3-6-91 vide Ex. P/14. Ajaykumar gave information about knife vide Ex. P/15 and thereafter produced it from his own house owned by his father Shivnarain. The same was seized vide Ex. P/16. Thereafter the investigation was done by Shri P. K. Sharma (PW 5).Shri P. K. Sharma on 23-4-91 seized one Baniyan from Jagdish who was admitted in Ujjain Hospital vide Ex. P/5.