STATE OF M P Vs. ARUN KUMAR

JUDGEMENT

(1.) THIS is an appeal against the acquittal of respondents -accused persons Arun Kumar, Manbodh and Rajesh Kumar of the charges under sections 302 read with 34, IPC vide impugned judgment dated 29.6.1990 passed by Sessions Judge, Seoni in Sessions Trial No. 4/90. Police Kewalari, District Seoni, after completing the investigation of the case registered on the report of complainant Munna Singh, charge - sheeted respondents accused persons Arun Kumar, Manbodh and Rajesh Kumar for the alleged commission of the offence punishable under sections 302 read with 34, IPC. The accused persons were alleged to have committed murder of one Brahman Singh in the night of 25.11.1989.

(2.) THE accused persons abjured their guilt and pleaded false implication to the charges framed by the trial Court. At the trial, the charge of murder against the accused persons was sought to be proved on the evidence of PW 1 Narayan Prasad, PW 2 Ravindra Singh Thakur, PW 3 Dr. R.K. Thakur, PW 4 Hari Kumar, PW 5 Hanuman Prasad Agrawal, PW 6 Chango Rao, PW 7 Veerendra Singh Chandel, PW 8 Dwarka Prasad, PW 9 Dr. Shrivastava, PW 10 Munna Singh, PW 11 Beera Bai and PW 12 A.K. Dwivedi. The accused persons examined DW 1 Ram Suresh Singh and DW 2 Tara Chand Sharma in their defence.

(3.) SHRI S.K. Rai, the learned Panel Lawyer, vehemently argued that the trial Court has erred in discarding the evidence of the prosecution witnesses on account of minor discrepancies. It was further submitted that undue weight was given to the admissions made by PW 4 Hari Kumar about the identity of the assailants of deceased Brahman Singh. We have perused the findings recorded by the trial Court and the evidence led by the prosecution and the defence at the trial.