STATE OF M.P. Vs. KHUJJI @ HARI RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 29.10.80 is Sessions Trial No. 19/86 by the Hlrd Additional Sessions Judge. Dumoh whereby the accused/respondents have been acquitted from the charge under sections 148 I.P.C., 302 I.P.C. alternatively 302 /149 I.P.C. 307 I.P.C. alternatively 307/149 I.P.C. for having formed an unlawful assembly with the common object of murdering Chotelal and attempt to murder Hiralal andGulli.

(2.) THE accused/respondents No. 4, 5, 6 Komal, Devi and Badri are brothers while accused/respondent No. 2 Brindawan is the son of accused/respondent No. 6 Badri and accused/respondent No. 3 Nandram is the son of accused/respondent No. 5 Devi. Deceased Chotelal was the son of Hiralal (P.W. 11) and brother of Gullia @ Gulli (P.W. 12), who were also injured in the incident. The agricultural lands of complainant party and that of accused/respondent No. 2 to 6 are adjoining each other. They had previous enmity regarding the passage over the said lands. Proceedings under section 107 of Cr. P. C. between the parties were also drawn by the S.D.M.

(3.) DURING investigation, the Investigating Officer, Sub -Inspector Ajay Kumar (P.W. 24) sent the injured Chotelal, for medical examination vide requisition (Ex. P -18). Other injured Gulli and Hiralal were also sent for medical examination. Dr. A.K. Tiwari (P.W. 13) examined Chotelal and found the following injuries on his person as per his report (Ex. P -10) : -