STATE OF MADHYA PRADESH Vs. BHAGWANDAS

JUDGEMENT

(1.) THIS appeal is directed by the State of Madhya Pradesh being aggrieved by the judgment dated 3. 2. 2000 passed by the IIIrd additional Sessions Judge, Damoh in Criminal Appeal No. 7/99 setting aside the judgment passed by the Judicial Magistrate, Ist Class, vide dated 30. 1. 99, Damoh in Criminal Case No. 925/98 convicting the respondents under Section 147, 148, 149, 323 and 324 of IPC and sentencing to each of them under Section 323/149 and 324 r/w Section 149 of IPC for RI six months in each of the count under Section 323 and 324 r/w 149 of IPC, while no separate punishment was awarded under Section 147 and 148 of IPC. The punishment was directed to run concurrently.

(2.) THE facts giving rise to this appeal in short are that on dated 1. 10. 93 at about 4 o'clock in the noon the complaint Saroj Kumar lodged a FIR at Police Station, Damoh, Rural contending that today at about 1 o'clock in the noon between him and Halke Yadav, the respondent no. 2 some quarrel regarding damage of the crop took place at the school, in which Halke Yadav caused him blows of stick on his right shoulder and left rib, for which to lodge the report his brother dilip, Narmada and others went to Police Station. On their returning from the Police Station at about 4 o'clock the respondents lashed with stick and axe with their common object for causing the injuries to the complainant party came to the place of complainant and started the beating of Ramesh, Shiv Dayal, Dilip, Sudha Bhai and Uma Bai. Resultantly, they sustained injuries when Mukesh, Rambai and Chhota bhajju came to rescue them, then they were also subjected to beating by the respondents with the aforesaid means. The incident was witnessed by various villagers including Hirabai. Soon after the incident the FIR, Ex. P-1 was lodged with the Police, Damoh, Rural. After arresting the respondents and interrogating the witnesses on concluding the investigation the respondents were charge sheeted for the offenses under Section 147, 148, 149, 324 and 323 of IPC. On framing charges the respondents abjured the guilt, on which trial was held. On appreciation of the evidence the trial court held the respondents guilty and sentenced them, as referred to above. Such conviction and sentences were challenged by the respondents before the Subordinate Appellate Court. After hearing the parties, on re-appreciation of the evidence the appellate court held that the prosecution has failed to prove the offence against the respondents beyond reasonable doubt as the story put fourth by it has not been supported by any independent sources of evidence and by setting aside the judgment of trial court holding conviction has acquitted the respondents, on which the appellant State of M. P. has come forward with this appeal.

(3.) SHRI T. K. Modh, learned Dy. Advocate General after taking me through the evidence said that the case put fourth by the prosecution has been proved by the victims and their corresponding injuries are also proved by the doctors who examined them and prepared their MLC reports. In such premises, when the testimonies of victims are proved by medical evidence, then there was no scope for acquitting the respondents by discarding such evidence only on the ground that the same is not supported by any independent source of evidence. In such premises, he prayed for setting aside the judgment of the appellate court with further prayer for restoring and affirming the judgment of the trial court by allowing this appeal.