STATE OF M P Vs. GULAB SINGH

JUDGEMENT

(1.) The present appeal is preferred u/s 378 Cr.P.C. against the judgment of acquittal dated 31.03.2000 rendered in S.T. No. 62/2000 passed by Additional Sessions Judge, Chachoda, District Guna whereby the respondent is acquitted of the charge under Section 302 IPC.

(2.) Bare facts involved in the present case are that on 10.11.1999 deceased Mangilal had gone on his bullock-cart to fetch motor pump. The bullock-cart was parked in the cattle shed belonging to Parvat Singh (PW-2). After having dinner at the house of respondent / Gulab Singh when the deceased while talking to the respondent -accused reached the cattle shed at that time the accused-respondent assaulted the deceased once on the head and once on the chest with Lohangi. As a result of this assault, deceased suffered fracture of frontoparietal bone and went into comma and died without regaining consciousness. On witnessing this incident of assault, the eye-witnesses Prahalad (PW-8) and Jagdish (PW-9) got scared and ran away to their respective home. The information about the death of the deceased was given by the father of the respondent -accused to village Kotwar who in turn informed the police on the next day in the morning leading to registration of Crime No. 58/99 at Police Station Chachoda, District Guna. On enquiry FIR (Ex.P-13) was lodged and the investigation followed culminating into filing of charge sheet before the Court of ACJM, Chachoda whereafter the matter was committed to the Sessions Court. The accused-respondent pleaded not guilty and sought trial.

(3.) The prosecution examined as many as ten witnesses namely Dr. S. S. Gupta (PW-1), Parvat Singh (PW-2), Rameshwar (PW-3), Prithvi Singh (PW-4), Mohar Singh (PW-5), Govind (PW-6), Hari Singh (PW-7), Prahalad (PW-8), Jagdish (PW-9), Kamal (PW-10) out of which Prahalad (PW-8), Jagdish (PW-9) were projected as eyewitnesses. The prosecution has also proved and exhibited the documents vide Ex.P-1 to Ex.P-17.