THE STATE OF CHHATTISGARH Vs. GANESH @ GUDDU

JUDGEMENT

(1.) This acquittal appeal is directed against the judgment dated 31.7.2008 passed by Second Additional Sessions Judge (FTC), Mungeli, Session Division Bilaspur (CG) in Session Trial No. 13/2007 wherein the said Court acquitted the respondent for commission of offence under Sections 302, 201, 404 of the Indian Penal Code for causing murder of one Dipak Khandekar in the intervening night of 10.02.2007 and 11.02.2007 at Village Bodthara and also causing disappearance of the evidence of the said offence, dishonest misappropriation of property possessed by deceased person at the time of his death and for commission of offence under Section 25(1B)(a) of the Indian Arms Act for illegal possession of fire arms and ammunition.

(2.) As per the prosecution case, dead body of deceased Deepak Khandekar was found near a canal at Village Bodthara who was the Head Constable of 4th Battalion S.A.F. Mana and was missing from duty with Carbine and Megzine. The matter was investigated by the Police and during investigation, Carbine and Megzine were found in possession of the respondent and he was also in possession of other articles of the deceased. After completion of investigation, charge sheet was filed, the accused respondent did not plead guilty and the trial was conducted. After completion of trial, the trial Court acquitted the respondent as aforementioned.

(3.) Learned counsel for the State submits as under: