STATE OF M P Vs. VIRENDRA

JUDGEMENT

(1.) This criminal appeal by special leave under Section 378 Cr.P.C. granted by this Court vide its order dated 11/10/2004, is preferred by the State aggrieved by the impugned judgment of the Trial Court dated 18/11/2003 in Sessions Trial Case No. 400/02 whereby respondents have been acquitted of charge under section 306/34 IPC.

(2.) I have heard the arguments of Mr. Jai Prakash Sharma, learned Public Prosecutor appearing on behalf of appellant/State and Mr. Madhukar Kulshreshtha, learned counsel appearing on behalf of the respondents. I have also perused the entire record of the Trial Court and have given my anxious consideration to the arguments advanced by the learned counsel for the parties.

(3.) Briefly stated, the facts of the case relevant for disposal of this appeal are as follows :-