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2014 Supreme(MP) 364

S.K.GANGELE, S.K.PALO
Shiv Singh – Appellant
Versus
Harnarayan – Respondent


Advocates:
J. P. Kushwah for appellant; Raghvendra Dixit, Public Prosecutor for respondent No.12/State.

JUDGMENT

Palo, J. -- 1. Feeling aggrieved by the judgment of acquittal passed by the 6th A.S.J. Bhind in S.T. No. 141/2006 (State of Madhya Pradesh v. Harnarayan and others) decided on 5.9.2011 by which the learned trial Court has acquitted all the accused persons / respondents under sections 147,148 and 307/149 of IPC, has filed this appeal under section 372 of Criminal Procedure Code.

2. The factual matrix of the case lies in a narrow compass;

The appellant is the complainant in S.T. No.141/2006. It is alleged that on 25.12.2005 at about 10 a.m. near Sidh Baba Gate, which is situated near the residence of complainant Shiv Singh in village Githor, Thana Mehagaon, District Bhind the accused persons came in two vehicles some of them armed with mouzers and some with Lathi and Farsa. When the complainant was sitting in the Chabutra (platform), the accused persons fired in air, complainant was criminally intimidated. Some of the bullets fired hit on the complainant's doors and one bullet hit in his calf on the left leg and blood oozed from the wound. At that time, Harendra Singh and Dharmveer, sons of the complainant Shiv Singh and other villagers i.e. Ramvaran and Rajendra Singh came t








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