BANTI @ PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Two persons were accused in this case. Sonu@Rajendra was declared absconder.

(2.) Prosecution story in brief is that on 30.06.2006 the appellant Banti abused the complainant Vindravan and Complainant also abused him. On the date of incident appellant Banti and another accused Sonu went to the house of Vindravan. Thereafter they returned back at around 10:00 p.m. When the complainant Vindravan and his brother Ramesh(Mamera Bhai) were returning back from their Kirana Shop and when they reached at the house of Banti on the way Banti who was armed with Baka and his another brother Sonu who had armed with knife abused them and they had attacked the complainant and inflicted injuries at him. His brother Ramesh tried to save Vindravan then both the accused attacked at him. He was died. FIR was lodged at the police station. Police conducted investigation and filed charge-sheet. During Trial, the appellant abjured guilt and pleaded for innocence. The Trial court has held the appellant guilty and awarded punishment as mentioned hereinabove.

(3.) Vindravan (PW-11) deposed that on the date of incident at around 08:00 to 08:30 p.m., in the night, there was some quarrel between me and Banti, because the appellant under the influence of liquor had slapped my brother(Mamera Bhai), when we were returning back and when we reached at the house of appellant, both Banti and his brother came from their house. Banti had Baka in his hand and Sonu had knife. They had attacked me and inflicted injuries. Present appellant had inflicted blow of Baka on the right hand. At that time the deceased who was my brother tried to save me. I also cried thereafter my mother and wife came at the spot and other persons had also come out from their houses. At that time Sonu and Banti had dragged Ramesh and they had taken him behind their house. I went to the police station and lodged report. Thereafter I was sent to District Hospital, Damoh and I was admitted there. My brother and Bhabhi told me that Ramesh was died because both the appellants had inflicted injuries on him.