DAROGA Vs. GOVERNMENT APPEAL NO 744 OF 1982

JUDGEMENT

(1.) CRIMINAL Procedure Code, 1973, Section 378 -Indian Penal Code, 1860, Sections 147, 148 and 302/149 - Appeal against acquittal - Murder - Twelve persons implicated for murder - Deceased sustained as many as 29 injuries - F. I. R. promptly lodged - Direct evidence to occurrence - Presence of witnesses proved at spot - Prosecution case fully corroborated with medical evidence - However, trial Court acquitted accused on ground that I. O. not collected blood stained earth from verandah nor he mentioned in site plan that there were blood stains - When body of victim was dragged cloths were not torn - Held : Prosecution evidence trustworthy hence trial Court erred in acquitted accused persons - Acquittal set aside - However, no overt act is attributed to five accused persons hence they are entitled to benefit of doubt and their acquittal is sustained. [paras 20 to 30] .