LAWS(MPH)-2017-1-196

STATE OF MADHYA PRADESH Vs. MOTI AND OTHERS

Decided On January 17, 2017
STATE OF MADHYA PRADESH Appellant
V/S
Moti And Others Respondents

JUDGEMENT

(1.) The State has preferred the present appeal being aggrieved with the judgment dated 01-09-1998 passed by the Additional Sessions Judge, Sheopurkalan in S.T.No.237/1996 whereby each of the respondent has been acquitted of the charges under Sections 147, 302 read with Section 149, 323 read with Section 149 of IPC.

(2.) Brief facts of the case in short are that on 20-06- 1996 at about 8 am in the morning the complainant Premchand (PW-1) along with his uncle deceased Gajanand went to the field situated at village Baroda District Morena to plough the field with the help of tractor which was being driven by Jugraj (PW-3). The respondents surrounded the deceased Gajanand and the complainant Premchand (PW-1). There was dispute relating to that field and injunction order Ex-P/29 was available in favour of the deceased Gajanand. Initially, the respondents assaulted the complainant Premchand with stick and thereafter they turned over to the deceased Gajanand. They had brutally beaten the deceased Gajanand with stick. The tractor driver Jugraj (PW-3) was also beaten with stick. The incident was seen by one Syed Mohammad (PW-4). The complainant Premchand (PW-1) took the injured Gajanand to the Police Station, Badoda where Premchand (PW-1) had lodged the FIR Ex-P/1. The injured were sent for their medico legal examination. Dr. G.C. Shrivastava (PW-2) examined the victim Jugraj (PW-3) and gave the report Ex-P/3. He found one lacerated wound at left side of his head and swelling at left arm and left foot. Dr. G.C. Shrivastava has also examined the deceased Gajanand and gave the report Ex-P/5. According to him, the deceased Gajanand sustained eight injuries which were caused at right leg, left leg, left elbow, left finger, right back, right side of the back and right shoulder. According to Dr. G.C. Shrivastava the injury of left elbow could be grievous in nature and remaining injuries were simple in nature. However, he referred the deceased Gajanand for x-ray examination. Dr. G.C. Shrivastava also examined the complainant Premchand (PW-1) and gave report Ex-P/7. He found four blunt injuries to the complainant Premchand, out of them one was at left side of face near eye and second was at left hand in palm, third was at right side of the head and fourth was at left arm. All the injuries were simple in nature .

(3.) Dr. R.K. Mishra (PW-5) examined the deceased Gajanand radiologically and gave report Ex-P/5. According to him a fracture of left ulna bone was found to the deceased Gajanand, however, the deceased Gajanand succumbed to the injuries and his postmortem was done by Dr.R.K. Mishra (PW-5) on 21-06-1996, who gave a report Ex-P/10. In the postmortem he found six injuries to the deceased out of them three injuries were on the left side of the chest whereas one injury was at left elbow, one lacerated wound at right leg and lacerated wound was on mid of the chest. On opening of body 8th, 9th and 10th ribs of the left side of deceased Gajanand were found fractured, below such injuries spleen of the deceased was torn. Huge blood was found in the abdominal cavity. According to Dr. R.K. Mishra deceased died due to the aforesaid injuries added with the tearing of spleen. The death was homicidal in nature. Thereafter, the Investigating Officer arrested the various respondents and one stick was recovered from each of the respondents. After due investigation, the charge sheet was filed before the Judicial Magistrate First Class, Sheopurkalan who committed the case to the Court of Sessions and ultimately, it was transferred to the Additional Sessions Judge, Sheopurkalan.