STATE OF MADHYA PRADESH THROUGH STATION HOUSE OFFICER, POLICE STATION BASODA, DISTRICT VIDISHA Vs. HIRALAL S/O BRINDAVAN AGED: 32 YEARS,

JUDGEMENT

(1.) THE judgment of absolviter dated 30/6/1998 passed in Sessions Trial No. 62 of 1994 (State of Madhya Pradesh Vs. Hiralal and others) by the Additional Sessions Judge, Ganj Basoda, District Vidisha, acquitting the respondents / accused from the charge under Section 307 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. The prosecution case, in brief, may be narrated as under:

(2.) THE learned Trial Judge on the basis of the material placed on record framed charge as mentioned hereinabove against all the four accused persons. The accused persons denied the charge and claimed to be tried. The defence of all the accused persons is of false implication and the same defence they set forth in their statements recorded under Section 313 of the Code of Criminal Procedure, 1973.

(3.) THE learned Trial Judge on the basis of evidence placed on record came to hold that charge has not been proved against the respondents as a result of which acquitted them.