STATE Vs. JATAN

JUDGEMENT

(1.) APPELLANT State has preferred this appeal under Section 378 (1) Cr. RC. against the impugned judgment of ac quittal dated 13-01-1986 passed by 1st Additional Sessions Judge, Dehradun in Sessions Trial No. 3 of 1985, whereby respondent accused Jatan was acquitted of the charge under Section 302 of the Indian Penal Code.

(2.) AS we are affirming the findings recorded by the Trial Court leading to the acquittal of respondent- accused Jatan, we deem it quite unnecessary to reproduce the details of the prosecution case, which are contained in the im pugned judgment and it would suffice to say that respondent-accused Jatan was put to trial on the accusation of having committed murder of one Jagan by causing injuries on his head region by means of a pick-axe (Gainti) in the noon of 15-11-1984.

(3.) OF these, PW1 Guddi, PW2 Banarsi and PW3 Itwari were examined as eyewitnesses of the incident, wherein deceased Jagan sustained injuries, lead ing to his instantaneous death on the spot, itself.