STATE OF MADHYA PRADESH Vs. NIVEDANLAL

JUDGEMENT

(1.) Being aggrieved with the judgment of acquittal dated 16th of September, 1988 passed in Sessions trial No. 23/88 by the Sessions Judge, Rajnandgaon, the State has filed this appeal with the leave of the Court.

(2.) The facts, briefly stated, are as under:

(3.) Mr. Sudhir Bajpai, learned Dy. Govt. Advocate appearing on behalf of the appellant/State, argued that it was a proved case Under Section 302, IPC; there was no reason to disbelieve the testimony of Shivprasad (P.W. 2); and the Sessions Judge erred in law in holding the present to be a case of right of private defence.