Madhya Pradesh High Court
The State Of Madhya Pradesh vs Bhagat Singh Judgement Given By: ... on 20 January, 2014
M.Cr.C. No.9512/2011
20.01.2014
Shri G.S.Thakur, Panel Lawyer Advocate for
the applicant/State.
Heard on admission.
The applicant-State has preferred this petition
for grant of leave to appeal against the judgment
dated 28.3.2011 passed by the Special Judge under
SC/ST (Prevention of Atrocities) Act, Tikamgarh in
Special Case No.199/2006 whereby the
respondents were acquitted for commission of
offence punishable under Sections 147, 148, 325/149, 294 of IPC and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to "Special Act").
After considering the prosecution evidence adduced by the parties before the Special Judge, it appears that a counter case was registered against the complainant and the victims of this case. By the FIR Ex.D-8 it was found that the incident took place at 8:00 AM in the morning and the FIR was lodged by the respondents at 11:00 in the morning at Police Station Kotwali, Tikamgarh. The complainant of the case had lodged an FIR Ex.P-2 at Police Station AJK Tikamgarh at about 10:10 AM in the morning. The main victim Bharosa (PW-6) has admitted in his cross examination that a quarrel took place at two places. First quarrel took place at the field and second quarrel took place at his house. However, in the FIR, he gave the time of incident to be 6:30 AM in the morning and in the counter report the respondents gave the time of incident to be 8:00 AM in the morning. Looking to the injuries of the respondents etc. it would be apparent that the complainant and his companions were aggressors in the case and thereafter when an FIR was lodged by the respondents, an FIR was also lodged by the complainant Suresh, whereas the victim Bharosa and others had sustained injuries when the respondents assaulted them in defence. The learned Special Judge has rightly found that due to right of private defence arose in favour of the respondents, the respondents could not be convicted for the offence under Sections 147, 148, 325/149, 294 of IPC. Similarly, the prosecution could not prove that any obscene words were told by any of the respondents, therefore no offence under Section 294 of IPC was made out. Actually the quarrel took place due to dispute of the land and the complainant party was aggressors. Under such circumstances, the incident did not take place on the basis of the caste. The learned Special Judge has rightly found that no offence under Section 3(1)(x) of the Special Act was constituted against the respondents. On the basis of the aforesaid discussion, the acquittal directed by the trial Court appears to be correct. There is no reason by which any interference can be done in the impugned order. Hence it is not a good case in which leave may be granted. Consequently, the present application filed by the State is hereby dismissed.
A copy of this order be sent to the trial Court for information.
(N.K.Gupta) Judge Ansari