STATE OF M.P. Vs. NANHO

JUDGEMENT

(1.) THE acquittal of the six respondents accused persons, of the charges under sections 147/148, 332/149 and 307/149, of the Indian Penal Code (for short the IPC), recorded by 1st Additional Sessions Judge, Chhindwara, vide Judgment dated 25.4.88, passed in Sessions Trial No. 27/87, is sought to be challenged through this appeal filed at the behest of the State of Madhya Pradesh.

(2.) AS on a reappreciation of the entire evidence on record, we do not find any good ground for disagreeing with the findings, recorded by the trial Court, leading to the acquittal of the respondents/accused persons, we do not deem it necessary to reproduce the details of the prosecution case, which are contained in para 2 of the trial Court's judgment, and it would suffice to say that the 6 respondents accused persons were tried on the above charges on the accusation of their having formed an unlawful assembly, in the night of 15.4.86, with the common object of attempting at the lives of Sukhlal, Ramakant and Ramji, all Police Constables posted at Police Station Newton, District Chhindwara, and of having caused injuries to them in prosecution of their above common object.

(3.) WE have heard Shri R.A. Robertson, the learned Panel Lawyer for the State, and Shri S.L. Kochar, for the respondents. The learned Panel Lawyer vehemently argued that the trial Court has erred in discarding the testimony of three injured eye -witnesses, namely; Ramji PW 6, Ramakant PW 7 and Sukhlal PW 8, on very flimsy and untenable grounds. Shri Kochar, the learned counsel for the respondents, on the other hand submitted that even if some of the reasons, given by the trial Court, did not hold good, there are other positive circumstances on record which make the prosecution case doubtful and, therefore, the acquittal of the respondents accused persons deserves to be affirmed.