STATE OF MADHYA PRADESH Vs. DHARMENDRA ALIAS LALLU RAWAT
LAWS(MPH)-2021-3-39
HIGH COURT OF MADHYA PRADESH
Decided on March 15,2021

STATE OF MADHYA PRADESH Appellant
VERSUS
Dharmendra Alias Lallu Rawat Respondents

JUDGEMENT

Anand Pathak,J. - (1.) This is an application by State seeking leave to appeal under Section 378 (3) of the Code of Criminal Procedure, 1973 against the judgment dated 28-05-2020 passed by Third Additional Judge to the Court of First Additional Sessions Judge, Shivpuri whereby the respondents/accused, namely, Dharmendra alias Lallu Rawat, Narendra Singh Rawat, Ummed Singh Rawat, Manu alias Man Singh and Aparval Rawat, have been acquitted by the trial Court in S.T. No.301/2014 for offence under Sections 147, 148, 364 (two counts), 302 read with 302/149 (two counts) and 201 (III) (two counts) of IPC.
(2.) As per the case of prosecution, on 26-08-2014 complainant Rameshwar (PW-11) went to Shivpuri to purchase Distribution Panel (D.P.) by tractor and deceased Karan Singh and Sanjay Rawat also reached to Shivpuri on a motorcycle. Thereafter, complainant Rameshwar left to his village with the said D.P. and both the deceased stayed there to purchase wire for the D.P. and thereafter, in the way, they overtook the complainant's tractor near Piparsaman village.
(3.) It is further alleged that when complainant Rameshwar (PW-11) reached near Chentawar bridge, he saw that one Indica Car driven by one of the accused, namely, Dharmendra dashed the motorcycle of the deceased due to which they fall down, thereafter accused persons wielding sticks and iron rods, came out from the car and opened blows of the sticks and iron rods. Due to fear, complainant Rameshwar (PW-11) rushed to his village and informed the family members but the accused persons took the deceased persons along with them in the said car. Thereafter, on search, dead bodies were recovered from the field of Kanhaiyalal at 10-11 pm in the night.;


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