STATE OF MADHYA PRADESH Vs. JADHULAL AND ANOTHER

JUDGEMENT

(1.) State has filed this appeal against the judgment of acquittal dated 22.02.1994 passed in S. T. No.199/92. Trial court acquitted the appellants from the charge of commission of offence punishable under Section 307 and 307 / 34 of IPC.

(2.) Prosecution story in brief is that complainant Maujilal and his brother Bhauji and appellants are neighbour. On the date of the incident i.e. 14.7.1992 a quarrel had taken place between appellants and complainant. Hens of complainant Jhadu entered the house of Maujilal on this his wife Ithabai told the wife of Jhadu that she would take care of Hens. On this ground there was a quarrel between both the ladies. Subsequently, wife of Bhauji also went there, when Maujilal and Bhauji were taking their wives appellants had inflicted injuries by Axe on them. One of the accused Natthulal also received injuries.

(3.) Maujilal P.W.2 and Bhauji P. W.3 both deposed that appellants had inflicted injuries on them by Axe. P. W. 2 deposed the same facts that a quarrel was going on between the ladies on the ground of Hens and I tried to pacify quarrel, thereafter appellants had inflicted injuries on me and Bhauji. Natthu had inflicted blow of Axe on me while Jhadu had inflicted blow on my brother Bhauji. A report was lodged at the Police Station. In his cross- examination he stated that he could not say anything, if Natthu had received any injury. However, he admitted the fact that Natthu was also in the hospital and he was examined by the Doctor.