STATE OF M.P. Vs. BABOOLAL & ORS.

JUDGEMENT

(1.) The appellant-State has challenged the judgment dated 30.06.1994 passed by 4th Additional Sessions Judge, Sagar in Sessions Trial No.19/1994, whereby the respondents were acquitted from the charges under Sections 148, 302 read with Section 149 of Indian Penal Code.

(2.) Brief facts of the prosecution case is that on 15-09-1993 at about 09:00 am, Rajesh went towards his field at village Sarrabeet. He heard noise of Dwarika (maternal father-in-law) and saw that at the precinct (medh) of Sunderlal Choubey's field all the respondents were beating Dwarka. They were armed with Ballam, Kush and Lathis. Due to fear of the respondents, Rajesh and neighboring farmer Rameshwar both were standing away from the respondents. They tried to stop the respondents to assault Dwarka, but they failed to do so. Thereafter, Rajesh ran away towards village and informed about the incident to his uncle Sunder Lal. They came to the spot with Rajesh and asked Dwarika about the incident. He narrated names of the respondents as assailants to them. They were bringing Dwarka to Police Station, Deori, but he died on the way. Hence, Rajesh lodged FIR against all the respondents. After investigation, charge sheet was filed against them under Sections 147, 148, 302/149 of IPC.

(3.) The respondents were charged by the trial Court under Sections 148 and 302 read with Section 149 of IPC. They abjured guilt and pleaded innocence and claimed to be tried. After considering testimony of eye witness Rajesh and other evidence, learned trial Court held that the prosecution has failed to prove the aforesaid charges, hence acquitted the respondents from the charges levelled against them.