STATE OF M P Vs. BUTI DANGI

JUDGEMENT

(1.) This order shall govern the disposal of M.Cr.C. No. 4116/2017 and so also M.Cr.C. No. 4621/2017.

(2.) Both these petitions seeking leave to appeal are preferred u/s 378 (3) Cr.P.C. against the judgments of acquittal dated 12.01.2017 and 27.12.2016 rendered in S.T. Nos. 341/2016 and 149/2009 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Vidisha District Vidisha whereby all the respondents Kailash, Janvesh, Sanjeev and Manohar in M.Cr.C. No. 4621/17 and Buti Dangi in M.Cr.C. No. 4116/17 have been acquitted of the charge u/Ss.147, 148, 149, 323, 324, 307 IPC and Section 3(2)(5) SC/ST Act.

(3.) Brief facts giving rise to present petitions are that on 01.10.2009 at 7:00 P.M., Dehati Nalish (Ex.P-1) was registered on behest of complainant Bhairolal (PW-1) which got converted into FIR on the same day, informing that complainant PW-1 who has long standing property dispute with respondent Kailash Dangi had gone with his wife Vimla Bai (PW-2) to village Gudawal for harvesting crop of Udad. While they were harvesting the crop, they were informed that respondent Kailash Dangi and others have surrounded their son Mithun on which the complainant and his wife returned home to reach the house of Kashiram the brother of the complaint where they saw respondent Manoj, Kailash and Buti arriving on tractor and motorcycles. They also saw respondent Sanjeev and Janvesh wielding lathi and farsa arriving at the spot. Respondent Manoj wielding axe, respondent Kailash wielding iron rod and respondent Buti wielding farsa uttered abusive words and took the name of complainant's caste in a derisive manner. Thereafter respondent Manoj inflicted injury on the neck of the complainant with an axe whereas respondent Kailash inflicted injury with iron rod at the back and Janvesh inflicted injury with farsa on the head and respondent Sanjeev with lathi assaulted the complainant. The complainant's wife Vimla Bai PW-2 and his son Amol PW-5 came to rescue the complainant. They were also assaulted by respondent Buti who inflicted injury with Farsa on the head of Vimla Bai. Respondent Kailash also assaulted on the head and hand of Vimla Bai. Amol PW-5, the son of complainant was also injured in the incident. The incident was said to be witnessed by Imrath, Chandra Bhan and Munnibai.