STATE OF M.P. Vs. UDHAM

JUDGEMENT

(1.) Appellant/State has filed this Criminal Appeal under Section 378 of the Cr.P.C. against the judgment dated 21.11.1995 passed by First Additional Sessions Judge, Ashok Nagar, District Guna in S.T. No. 12/1988, whereby respondent Udham was acquitted from the charge under Sections 302 and 323 of IPC.

(2.) Undisputed facts were that complainant Devilal (PW-1) and respondent/original accused were resident of same village and their houses are situated in front of each other. Amaan and Pappu were real brothers of Udham.

(3.) The story of prosecution in brief is that on 29.07.1987 at about 4-5 PM complainant Devilal (PW-1) was grazing his oxen in his agricultural land and after leaving the grazing oxen he went to inspect the crop of jwar in his field, where he found Amaan Dhobi grazing his oxen. Complainant Devilal asked Amaan to take away his oxen from his jwar field, then Amaan took out his oxen from complainant's agricultural land. Thereafter, complainant went to his house and narrated this incident to elder brother of Amaan, respondent Udham that his oxen had damaged his crop of jwar. Then respondent replied that in the same way their crop would be damaged. Thereafter, altercation and abusing started between complainant and Udham. At the same moment Amaan returned from his agricultural land, assaulted complainant with a stick on his head. On complainant crying for help, his wife Shanti Bai (PW-7) came at the scene of occurrence carrying her two year old daughter Guddi in her lap to save her husband, when respondent Udham assaulted Shanti Bai with the stick which caused injuries to the two year old Guddi Bai who died on the spot. Pappu Dhobi also gave beating to the wife of complainant Shanti Bai causing injury on left side of her waist. At the same time Prakash Singh, Dheeraj Singh (PW-2) and Raghuraj Singh came on the spot and witnessed the incident. Complainant Devilal with watchman Lalliram (PW-6) reached the Police Station Naisarai and lodged FIR (EXP-6) on which crime was registered.