STATE OF MADHYA PRADESH, THROUGH POLICE STATION GONDAN, DISTRICT DATIA Vs. PREETAM DANGI; RAVINDRA DANGI

JUDGEMENT

(1.) By this appeal filed under Section 378 of Cr.P.C., appellant/State has challenged the acquittal of each respondent from charge of Section 302/34 of the IPC and respondent Ravindra's acquittal from the charge of Section 25 (1-B)(a) and Section 27 of the Arms Act. It would be significant to mention here that by the same judgment original respondent No.1-Chirmoli alias Umashankar and original respondent No.4 Pratap Dangi were also acquitted. During the pendency of this appeal, in compliance to this Court's orders dated 20.11.2015 and 29.06.2011, names of original respondent No.1-Chirmoli and No.4-Pratap Dangi have been deleted.

(2.) Admittedly, Geetabai (PW-3) is wife of complainant Ram Singh (PW-9) and Dharmendra (PW4) is their son. Admittedly, there was enmity between the families of complainant and accused persons prior to the incident and for murder of complainant's brother Arvind, and respondent no.1 Chirmoli and others were tried in S.T.No.88/2006 before Special Judge, (SC & ST Act), Datia and in that trial, relating accused persons were acquitted vide judgment dated 17.10.2007.

(3.) Prosecution's case in brief is that complainant Ram Singh (PW-9) resident of village Tedout, on the date of incident at 20:30 hours lodged the FIR (Ex.P-8) at Police Station Gondan to the effect that there is existing enmity between his father Lalaram and Chirmoli's father Omprakash. About 1 and years ago, his brother Arvind was murdered, in relation to that case, Chirmoli's father was detained in jail at that time. Unmarried Lal Singh alias Lallu aged about 48 years was doing labor work at the house of complainant, due to which Lallu's elder brother Dabbu and his son Ravindra (respondent) were annoyed with Lallu that why he was doing labor work at complainant's house. Dabbu and his family members were belonging to Chirmoli's party. On the date of incident i.e. 20.01.2008 at about 04:00PM complainant saw that respondent Ravindra having a country made pistol, Preetam having a 12 bore single barrel gun, Chirmoli having a double barrel 12 bore gun and Pratap having a 315 bore pistol, with their two unknown companions, who have covered their faces by clothes, hence, they could not be identified, came on the path in front the house of complainant and forcefully caught Lallu and took him with them, who was at the time going from that way.