STATE OF M. P. Vs. DHURIYA

JUDGEMENT

(1.) This petition has been filed under Section 378 (3) of Code of Criminal Procedure by the State through Police Station Vijaypur, District Guna, being aggrieved by judgment dated 01.09.2017 passed by Additional Judge to the Court of First Additional Sessions Judge, Guna, in Sessions Case No.313/14 acquitting accused Dhurelal of charges under Sections 307, 325/34 and accused Shyam Sundar of charges under Sections 307/34, 325 of IPC, on the ground that learned Additional Sessions Judge has failed to appreciate evidence correctly and has recorded a finding of acquittal on the basis of surmises and conjunctures.

(2.) It is submitted by the learned Public Prosecutor that accused had beaten the complainant Mohar Singh (PW-1) with an axe and stones while he was cutting a Babool tree. It is submitted that learned Court below has overlooked the fact (State of M.P. Vs. Dhuriya @ Dhurelal and another) and evidence of Dr. Sitaram Raghuwanshi (PW-5), who had opined that there was fracture on right zygomatic bone of the complainant, and also the evidence of Sharad Chandra Tantia (PW-9), who had noted five injuries caused to the complainant by hard and blunt object.

(3.) It is submitted that learned Court below has wrongly relied on the evidence of Ramvilas (DW-1) who was though cited as prosecution witness but was not examined by the prosecution as an independent witness. He was examined by the defence so to prove that Mohar Singh had sustained such injuries due to fall from the Babool tree. Reading such testimony of Mohar Singh (PW-1), Devilal (PW-2), Amar Singh (PW-3) and Girraj Singh (PW-4), it is submitted that acquittal from charges under Sections 307 and 325 of IPC is not based on correct appreciation of evidence and needs to be set-aside.