STATE OF M.P. Vs. BABULAL

JUDGEMENT

(1.) Applicant/State of M.P has preferred an application u/s.378 (3) of the Cr.P.C for grant of leave against judgment of acquittal dated 06.02. 2018 passed by the Third Additional Sessions Judge, Shivpuri in S.T. No. 400214/2015 whereby present respondents have State of M.P. v. Babulal and Ors.been acquitted from the charge of Secs. 458, 459, 294, 323/34, 325 and 506 Part-II of the IPC.

(2.) Prosecution story in brief is that on the date of incident, 25.7.2015 in the night at 9:45 pm complainant Imrat Lal (PW-4) was watching T.V in his house situated at Ambedkar Colony, Shivpuri. After hearing the sound, from his house's boundary gate, he saw from the web that respondents Jitendra and Aakash were standing in front of the gate. On complainant's asking Jitendra and Aakash replied that complainant is much favouring his uncle Tularam and on this count, they gave filthy abuses to complainant. At this time third respondent Babulal was also present. As complainant did not open his gate of boundary, then respondents' after climbing on a Neem tree (margosa) stood near boundary gate of complainant's house, jumped into the courtyard of complainant's house and respondents gave beating to complainant Imratlal by kicks and fists whereby complainant received injury on his chest and left hand. At the same time complainant's neighbor Sunil Gautam (PW-1) came out of his house at terrace, then after climbing on wall respondent Jitendra alias Chinta pulled down Sunil from his terrace to ground, thereby Sunil received injuries on left hand wrist, shoulder, waist, head and on left leg. Incident was witnessed by Kalyan Singh (PW-1) and Dharmendra (PW-2). Sunil's father Janki Prasad (PW-5) have also come, with whom complainant Imratlal reached to Police Station Dehat, Shivpuri and in intervening night on 26.7.2015 at State of M.P. v. Babulal and Ors.00=15 hours lodged FIR (Ex. P-3) which was inscribed by Sub-Inspector S.V. Sharma (PW-8). Thereafter injured complainant Imratlal and Sunil were sent to District Hospital Shipuri for medical examination. In the intervening night at 2:40 am of 26.07. 2015 Dr. A.S. Kushwaha (PW-6) examined complainant Imrat Lal and recorded his MLC (Ex. P-8) and in the same night at 3:00 am, examined Sunil and recorded his MLC (Ex. P-7). Radiological examination was advised for Sunil's some injuries. On radio-logical examination conducted on 25.7.2015 at District Hospital Shivpuri, fractures of 2nd, 3rd and 4th meta carpal bones of left hand's wrist was found in x-ray report (Ex. P-8). Investigating officer ASI Sobran Singh (PW-7) on 26.7. 2015 at the instance of complainant prepared spot-map (Ex. P-4). Respondents were arrested and after completing formalities of the investigation chargesheet was filed before JMFC, Shivpuri who committed arisen criminal case to Sessions Court and Sessions Judge transferred the Sessions Trial to above mentioned ASJ, Shivpuri.

(3.) All the three tried respondents abjured guilt. Eight prosecution witnesses were examined. It was the defence of the respondents that they have been falsely implicated. No any defence witness was examined. The trial court after hearing vide impugned judgment has acquitted each respondent from the charges framed against him. Hence application u/s. 378 (3) on behalf of applicant/State.