STATE OF MADHYA PRADESH Vs. VANMALI JOSHI @ PANDA

JUDGEMENT

(1.) Applicant/State has preferred this petition under Section 378 (3) of Cr.P.C. for grant of leave to appeal against the judgment dated 13.6.2018 passed by Special Judge (MPDVPK Act), Shivpuri in Special Sessions Trial No. 400028/2016, whereby the respondent has been acquitted from the charges under Sections 302, 394 of I.P.C. read with Section 11/13 of MPDVPK Act.

(2.) Brief facts of the case are that complainant Dinesh had got recorded Dehati Nalishi to the effect that on 24.12.2014 he was plucking tomatoes in the field. At that time Mukesh, son of Ramcharan Baghel, came and informed that a person is lying dead by the road side near boundary, then he along with Karan Singh Kushwaha went to the spot where he found a person lying dead with a bloodstained stone lying nearby. Complainant could not identify the dead body. However, he informed the Police Station on phone . On the basis of said Dehati Nalishi, Police Station Sirsaud registered FIR at Crime No. 234/2015 for the offences punishable under Section 302/34 of I.P.C. The matter was investigated and respondent was arrested. After due investigation, the offences under Section 394 I.P.C. and Section 11/13 of MPDVPK Act were added and charge sheet was filed against the respondents for the aforesaid offences.

(3.) Trial Court, after due appreciation of the entire evidence on record, by the impugned judgment acquitted the respondent/accused from the above- mentioned charges. Aggrieved by which, the State has filed this petition for grant of leave to appeal against the impugned judgment of acquittal.