STATE OF MADHYA PRADESH Vs. BADRILAL RATANLAL MAIL

JUDGEMENT

(1.) The State of Madhya Pradesh has preferred this appeal under Section 378 of the Criminal Procedure Code, feeling aggrieved by the judgment of acquittal dated 20-1-1997 passed by the 4th Additional Sessions Judge, Ujjain in Session Trial No. 305/1994, whereby the respondents together with three other co-accused have been acquitted for the charges under Sections 148, 323, 149, 302 in the alternative 302/149 of the Indian Penal Code.

(2.) The brief facts of the case are that on 29-1-1994 deceased Dhulji s/o. Nandram and his son Madanlal and nephew Rameshwar were sleeping in a room in the field situated at Badnawar-Badnagar road, at about 12.15 a.m. in the night respondents/accused Rameshwar Pahalwan, Ramchandra Patel, Badrilal and Shankarlal came there on the motorcycle and started beating to Rameshwar (PW 1). On hearing the noise, deceased Dhulji and his son Madanlal came out from the room, then all these four respondents started beating to Dhulji and Madanlal also by means of knife and lathies. Respondent/accused Rameshwar caused injury to deceased Dhulji on his chest by means of knife and Dhulji also sustained grievous injuries on his head by the lathi. Rameshwar (PW 1) and Madanal (PW 6) also sustained injuries on their bodies. The remaining three co-accused Prakash, Kailash and Bherulal (who were acquitted and leave to appeal against them has also been rejected by this Court) were asking to kill all these persons. It is also said that this incident took place because Mangilal (PW 2), who is the son of deceased Dhulji, had lodged one report at police station with regard to some theft against one accused Kailash. Annoyed with this report, the respondents came on the field and caused the aforesaid injuries to the complainant party. After the incident, injured Rameshwar (PW 1) and Madanlal (PW 6) came to their house at Badnagar and informed about the incident to their brother Mangilal (PW2). Then all of them, again went to the field and brought the injured Dhulji, who found to be dead, at police station Badnagar, where Madanlal s/o. Dhulji (PW 6) lodged the first information report Ex. P/21 at about 3.00 a.m. in the night, on which basis concerned police has registered the offences under Sections 302, 323, 147, 148 and 149, I. P. C. Injured Madanlal (PW 6) and Rameshwar (PW 1) were sent for medical examination and the dead body of deceased Dhulji was kept in the mortuary room of Civil Hospital, Badnagar. Investigating Officer, after issuing notice Ex. P/1, prepared the inquest panchnama Ex. P/2, prepared the spot map Ex. P/22, seized blood stained and control earth from the spot vide Ex. P/3, recorded the statement of the injured eye witnesses and other witnesses, thereafter arrested the respondents as well as three other co-accused, seized one lathi on the information given by the accused Badrilal vide Ex. P/16 and also seized one knife on the information given by accused Rameshwar. Sent the seized articles for chemical examination to Forensic Science Laboratory. After due investigation, filed the charge sheet before the trial Court. All the accused persons abjured their guilt and their main defence was of false implication in the case. After due appreciation of the entire evidence on record, learned trial Court vide impugned judgment dated 20-1-1997, acquitted all the seven accused persons from the charges levelled against them. Feeling aggrieved by the aforesaid impugned judgment, the State of Madhya Pradesh came up before this Court, after obtaining leave to appeal under Section 378 of the Criminal Procedure Code. This Court vide order dated 16-1-1998 granted leave to appeal against the four respondents only and rejected the prayer for remaining three acquitted accused.

(3.) We have heard the learned Government Advocate for the State as well the learned counsel for the respondents and perused the record.