STATE OF MADHYA PRADESH Vs. KHAKAN & ORS

JUDGEMENT

(1.) The appellant-State has filed this appeal challenging the judgment dated 07.02.2003 passed by the 12th Addl. Sessions Judge, Bhopal in Session Trial No. 144/2002 whereby the respondents have been acquitted from the charges punishable under Sections 147, 148 & 307/149 of the Indian Penal Code and Section 27 of the Arms Act.

(2.) In brief, the prosecution case is that, on 19.06.2001 at about 2:00 pm movie 'Gadar' was running in Lily Talkies at Bhopal. Some persons from Muslim community wanted to stop the show. They protested and started damaging the cinema hall and its properties. At that time Motilal (PW-21) Head Constable was going to police control room for his duty. The respondents surrounded and assaulted him. Respondent Sarvar inflicted blow of sword on his head which he was able to stop by his right hand. He was brought to Vardan Hospital, thereafter, referred to Hamidia Hospital. On his report, offence under Section 147, 148 and 307/149 of the Indian Penal Code and Section 27 of the Arms Act was registered against the respondents. After due investigation, charge-sheet was filed against the respondents.

(3.) Learned Trial Court acquitted the respondents from the charge under Section 147, 148, 307/149 of IPC and Section 27 of the Arms Act.