STATE OF MADHYA PRADESH Vs. ASHOK

JUDGEMENT

(1.) FEELING aggrieved by the judgment of absolvitor passed by learned 4th additional Sessions Judge, Gwalior in Sessions Trial No. 228/1992, dated 26-11-1993 acquitting the respondents for the offence punishable under Section 302/34, IPC, the State of Madhya Pradesh has preferred this appeal under section 378 (3) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that on 22-6-1992 at 8/30 in the morning Jagdish who is a labour went to his work place. After departure of jagdish his father Chunnilal (hereinafter referred to as 'the deceased') also proceeded to his work place. After some time, one girl of the locality came and informed Laxmi Bai at her home that some persons were assaulting the deceased by knives, as a result of which said Laxmi Bai rushed towards the place of occurrence which is situated near by a Jain Temple at Gandewali Sadak. The deceased who was the father-in-law of Laxmi Bai was lying near the door of temple and he gave oral dying declaration to Laxmi Bai that respondents had assaulted him. It is the further case of prosecution that respondent No. 2-Dewanand was having a knife and respondent No. 1-Ashok was having a hockey stick. Respondent No. 2-Dewanand has dealt the blows of knife to the deceased. The blood was oozing from the abdominal region of the deceased and it is said that on account of some dispute of partition, the incident had taken place. It is the further case of prosecution that by making the point of partition, earlier also respondent No. 2-Dewanand assaulted Jagdish by knife and on account of enmity, they have caused injuries by knife and hockey stick resulting into the death of deceased at the spot.

(3.) LAXMI Bai lodged First Information Report in Police Station, janakganj. On lodging of the First Information Report, criminal was triggered off and set in motion. After registering the case, the investigating agency sent the deceased to the hospital; arrived at the spot and prepared the spot map; recorded the statement of the witnesses; arrested the accused persons and after completion of the investigation, submitted a charge-sheet in the Competent court which, on its turn, committed the case to the Court of Sessions and from where it was received by the Trial Court for its trial.