STATE OF MADHYA PRADESH Vs. GOPAL DARIYAV SINGH

JUDGEMENT

(1.) THE State has filed this appeal against the judgment dated 20-3-1998 of the 4th Additional Sessions Judge, indore in Session Trial No. 416/1995 by which the learned Additional Sessions Judge has acquitted all the respondents. The leave granted to the State under S. 378 (3) of the code of Criminal Procedure is restricted to respondent Nos. 1 to 6 while the same has been declined in the case of Mohan s/o ramprasad, accused No. 7 before the trial court.

(2.) ACCORDING to the prosecution, on 5-6-1998, P. W. 8 Prabhu Dayal was standing outside his door in his house situated at lalpura, Indore, his neighbour, Laxman s/o nathulal (deceased) was in his courtyard. Prabhu Dayal saw that accused-Santosh approached Laxman and demanded money but on his refusal, Santosh abused him and stated that he would return soon. A short while thereafter, accused-Santosh, his brother Gopal and 5 to 6 other persons arrived. Santosh was armed with a sword, his brother Gopal with a GUPTI and companions had knives. Accused-Santosh and gopal and their companions, hurled filthy abuses at Laxman and stated that he should be killed. With a view to cause his death, santosh assaulted Laxman with a sword which landed on his face, accused-Gopal and other accused persons assaulted laxman with the weapons with which they were armed. Laxman raised an alarm and p. W. 8 Prabhu Dayal, P. W. 12 Vijay, P. W. 14 poonamchand and P. W. 16 Mohan rushed to intervene. Enraged by the intervention of all these witnesses, Santosh assaulted Vijay singh (P. W. 12) with a sword and caused injury in his abdomen. Laxman ran for his life towards drainage line but he fell down. The report of the incident was promptly lodged by P. W. 8 Prabhu Dayal at Police Station, Tukoganj in which he also informed the Police that P. W. 13 Mohan had taken laxman and Vijay Singh for treatment to m. Y. Hospital.

(3.) ON receipt of the report, Sub-Inspector Narayan (P. W. 22)recorded the First Information Report Ex. P/18 and registered an offence against the accused persons under Ss. 147, 148, 149 and 307 of the Indian penal Code. Further investigation was conducted by P. W. 20 Jitendra Singh Rathore and P. W. 22 Sub-Inspector Narayan.