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2004 Supreme(MP) 831

S.K.KULSHRESTHA, RAKESH SAKSENA
Maya Bai – Appellant
Versus
Bhajan Lal – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Juberia Khan, Adv.
For Respondents/Defendant: Raman Patel, Sr. Adv. and P.C. Patel, Adv.

ORDER

S.K. Kulshrestha, J.

1. This revision is directed against the judgment dated 27-3-1996 of the learned VIth Additional Sessions Judge, Jabalpur passed in Sessions Trial No. 7/92, by which the learned Judge has acquitted the respondents of the charges under Sections 307, 294, IPC and Section 27 of the Arms Act also the alternative charge under the above Sections read with Section 34 of the IPC.

2. It was alleged that on 20-10-1991 at about 7.40 p.m., the respondents had caused injuries to Mayabai (P.W. 1) and her husband Uttam Singh (P.W. 4) after abusing them in the public place with a view to cause death of Uttam Singh (P.W. 4) by striking him with Farsa (axe). As per prosecution case, the complainant Uttam (P.W. 4) and accused Motilal lived in adjoining houses and there was estrangement between the two. On the date of the incident, when the complainant Uttam (P.W. 4) was in his house alongwith his wife Mayabai, daughter Laxmi and son Leeladhar, the accused abused them and challenged them to come out and when Uttam (P.W. 4) came out of the house to see as to what was happening followed by his wife Mayabai (P.W. 1), the accused Motilal with a Farsa (axe) in his hand, with a view







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