STATE OF M P Vs. THAN SINGH

JUDGEMENT

(1.) THE State has preferred this appeal under section 378(1) of the Code of Criminal Procedure, 1973 against a judgment dated 17th January, 1998 in S.T. No. 185/1988 by the Fifth Additional Sessions Judge, Bhind (M.P.), acquitting thereby all the accused-respondents of the charges of being the members of unlawful assembly for committing riots with deadly weapons, punishable under section 148 of IPC and being members of that unlawful assembly committed murder of Khacheru @ Ramadhar Singh, which is punishable under section 302/149 of IPC.

(2.) BRIEF facts, according to prosecution, which are necessary to dispose of this appeal are recapitulated as under :

(3.) THE learned counsel appearing on behalf of respondents-accused on the other hand, supported the judgment of acquittal and contended that the prosecution utterly failed to bring home the charge against the accused. It is submitted that the judgment of acquittal against the respondents- accused is passed on the sound reasonings and as per the evidence of the case. Accordingly, it is prayed that by confirming the judgment of the trial Court, the appeal preferred by the State be dismissed.