PEJAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 372 of the CrPC against the judgment dated 25/11/2019 passed by Sixth Additional Sessions Judge, Guna in Sessions Trial No.400237/2012 whereby accused/respondent No. 2 has been acquitted from the charges under Sections 302 read with Section 201 of the IPC.

(2.) The facts in short are that on 12/7/2011 near A.B. Road, one dead body of the deceased was found. Merg was registered. Statements of the witnesses were recorded and a case under Section 302 of the IPC was registered as Crime No. 276/2011. The brother of the deceased identified the dead body. On the basis of statement of the witnesses, the respondent No.2/accused was arrested, investigation was done and thereafter, charge-sheet was filed. After due appreciation of evidence available on record, the trial Court acquitted respondent No.2/accused from the charged offence.

(3.) Learned counsel for the appellant has submitted that the impugned judgment passed by the trial Court is illegal, arbitrary and has been passed ignoring the evidence on record. The trial Court has appreciated the evidence in hyper technical manner and reasoning given while passing the impugned judgment is against the settled principle of law, therefore, the impugned judgment deserves to be set aside. In para 19 of the judgment, the trial Court has observed that the wallet of the deceased was found in the restaurant of the accused which prima facie shows that the deceased was with the accused just before the incident. Despite, the trial Court has erred in acquitting the accused. The trial Court has wrongly disbelieved the last seen evidence and the factum of enmity between the deceased and the accused. Hence, prayed to allow this appeal.