STATE OF CHHATTISGARH Vs. LALDEV KODAKU

JUDGEMENT

(1.) This acquittal appeal has been filed by the appellant-State under Sec. 378(1) of Cr.P.C. challenging the order of acquittal dtd. 5/1/2008, passed by the Court of learned 1st Addl. Sessions Judge (F.T.C.), Ramanujganj, District Surguja (C.G.) in Sessions Trial No.347 of 2006, whereby the respondent herein (accused) has been acquitted from the charge under Sec. 302 of IPC.

(2.) Mr. Ashish Tiwari, learned Panel Lawyer appearing for the appellant-State submits that the learned trial Court is absolutely unjustified in acquitting the respondent herein for the offence under Sec. 302 of IPC by recording finding which is perverse to the record. It is further submitted that pursuant to memorandum statement of the respondent-accused (Ex.P/12) an axe (Tangi), which is used at the time of crime in question, has been seized vide seizure memo (Ex.P/13) on which blood stains are present, which is duly proved by Vishwnath (PW-06) and even the doctor, namely, Dr. Narendra Pratap (PW-10), who has conducted the postmortem of the dead-body of the deceased has opined that the death of the deceased is homicidal in nature, thus, the impugned order of acquittal suffers from perversity and illegality, therefore, the same is liable to be set aside.

(3.) Mr. F.S. Khare, learned counsel for the respondent submits that the witnesses, namely, Samundri (PW-01), Devsai (PW-02) and Bundhmaniya (PW-03) through have been cited as eye witnesses, but have not supported the case of the prosecution. The alleged memorandum statement of the appellant has not been proved and even the blood stained axe (Tangi), which is alleged to have been recovered pursuant to said memorandum statement, has not been sent for examination to Forensic Science Laboratory (FSL) and there is no FSL report available to show that said blood stained axe (Tangi) contains stains/spots of human blood only and, as such, in absence of any direct evidence and FSL report mainly on the basis of alleged memorandum statement and recovery of blood stained axe (Tangi), the learned trial Court has rightly acquitted the respondent herein for the charge under Sec. 302 of IPC, therefore, the present acquittal appeal deserves to be dismissed.