STATE OF MADHYA PRADESH Vs. BUDHSEN AND OTHERS

JUDGEMENT

(1.) The State has filed this appeal against the judgment of acquittal dated 23.07.1994 delivered in Sessions Trial No. 45/1994 by the Sessions Judge, Sidhi, acquitting the respondents from the charges under Sections 302 and 323 of IPC.

(2.) Prosecution story in brief is that son of the deceased Rajwa namely Shivmurat was married with Musammat Belsuwa @ Badki, who was accused no.4 before the trial Court. She had come to the house of her parents against the will of her husband. She had left her daughter with her husband Shivmurat. On 03.11993 deceased Rajwa, Mallu @ Malua (PW-1), son of the deceased, Ram Prasad @ Parsad and other persons Bheem, Shivdas and Anande had gone to the residence of accused persons at Village Bhata Chui Gadhai. There was a quarrel between the accused persons and deceased Rajwa to send back Belsuwa. They told deceased Rajwa that they had taken back Belsuwa. Jagdish refused to send back Belsuwa, in that event deceased Rajwa told them that if they do not want to send Belsuwa then they would take back Gehelwa, who is daughter of deceased Rajwa and wife of Budhsen, son of Jagdish. On this ground there was a quarrel and a scuffle had taken place between the parties. In that event it is alleged that accused Budhsen had inflicted a blow of Nagra on the head of the Rajwa. He fell down and became unconscious. Deceased Rajwa was taking treatment at the resident of Shivdas for five days. When the injury was not cured the report of the incident was lodged at 12:13 p.m. at Police Station Kotwali, District Sidhi. He was admitted in the Hospital on 09.11993 and died on 10.11993. The Police conducted investigation and filed charge-sheet against four accused persons. The trial court acquitted all the accused persons after holding that except (PW-1) all the witnesses turned hostile and the evidence of Mallu @ Malua (PW-1) is not reliable.

(3.) We have perused the evidence of Mallu @ Malua (PW-1). Mallu @ Malua (PW-1) is the son of the deceased, Ram Prasad @ Parsad (PW-2) is the relative of deceased Rajwa, he turned hostile. Prosecution did not produce any other evidence except Mallu @ Malua (PW-1) and Ram Prasad @ Parsad (PW-2). Mallu @ Malua (PW-1) deposed that accused Budhsen is the husband of my sister and accused Jagdish is the father of my wife. All the accused persons are the residence of Chui Gadhai. Four to five days before the incident, Belsuwa had come to the residence of her father (Mayke) after leaving my brother Shivmurat, who is her husband. She left her daughter with Shivmurat. On this account I, my father, deceased Rajwa, Parsad, Bheem, Shivdas and Anande went to the village of accused persons.