STATE OF MADHYA PRADESH THROUGH STATION HOUSE OFFICER, POLICE STATION SHIVPURI, DISTRICT SHIVPURI Vs. ISHWARDE W/O BACHNURAM JATAV AGED: 44 YEARS,

JUDGEMENT

(1.) THE judgment of absolviter dated 14/5/1998 passed in Sessions Trial No. 150 of 1995 (State of Madhya Pradesh Vs. Bachnuram and others) by the First Additional Sessions Judge, Shivpuri, District Shivpuri, acquitting the respondents / accused including the deceased respondent, Bachnuram from the charges under Section 302, in alternate 302 read with 34 of the IPC, has been made pivot in this appeal filed by the State of Madhya Pradesh under Section 378(3) of the Code of Criminal Procedure, 1973, after obtaining leave to file appeal. During the pendency of this appeal, the respondent, Bachnuram had died, hence his name has been deleted from the cause title, as the appeal stood abated against him.

(2.) THE prosecution case, in brief, may be narrated as under:

(3.) TO bring home the charge, the prosecution has examined as many as 13 witnesses and placed Exhibits P/1 to P/21, the documents on record. The accused persons have examined Komal D.W.1 in their defence.