STATE OF M P Vs. PARMESHWAR NAI

JUDGEMENT

(1.) This appeal is directed against judgment dated 24-12-1997 passed by Additional Sessions Judge, Bemetara, District Durg in Sessions Trial No. 454/1995. By the impugned judgment, accused/respondent Parmeshwar Nai has been acquitted of the charges framed under Sections 450 and 302 of the Indian Penal Code. Case of the prosecution, in brief, is as under:

(2.) Shri Vinay Harit, learned Deputy Advocate General for the State/appellant argued that the trial Court did not properly appreciate the evidence of the prosecution witnesses. Memorandum statement of the respondent was recorded under Section 27 of the Evidence Act and at his instance, a spade, on which blood was found, was seized. The learned trial Court wrongly disbelieved the evidence of recovery and acquitted the respondent. Therefore, the impugned judgment of acquittal is not sustainable and the appeal deserves to be allowed.

(3.) Shri P.P. Sahu and Shri Aditya Kumar, learned counsel for the respondent, supporting the impugned judgment of acquittal, submitted that the judgment passed by the learned trial Court, being well reasoned, is impeccable and does not warrant any interference by this Court. They further argued that if two views are possible on the basis of evidence on record, the appellate Court should not disturb the finding of acquittal recorded by the trial Court. Hence, the appeal deserves to be dismissed.