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AJIT SINGH, N.K.GUPTA
State Of M. P. – Appellant
Versus
Maiyadeen – Respondent
JUDGMENT :
N. K. GUPTA, J.
The State has preferred the present appeal against the respondents No. 1 to 5 and 13 after getting leave vide order dated 9-1-1995 against the judgment dated 5-10-1993 passed by Additional Sessions Judge, Panna in S.T. No. 77/1992, whereby the respondents have been acquitted of the charge under sections 302 or 302/149 of Indian Penal Code.
2. The prosecution's case, in short, is that, on 16-7-1992, at about 6 p.m., the deceased Anandilal went to offer a pooja at Chabutara (Platform) of Thakur Baba, one mile away from village Banharikala (Police Station Ajaygarh, District Satna). He was accompanied by Shukla Ahirwar (P.W.9), Rammilan (P.W.1) and other family members and relatives. At about 7 p.m., the respondents along with other accused persons reached the spot. The respondent No. 1 Maiyadeen told the deceased Anandilal that his son had assaulted the son of the respondent Maiyadeen by Chappal and therefore, he would kill Anandilal and suddenly he gave a blow of Lathi (stick) on his head. Thereafter, all the accused persons brutally assaulted the deceased Anandilal with lathis (sticks). Hence, deceased Anandilal died at the spot. Rammilan who tried to save de
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